Summary: Mr X complains about the Council’s delay in removing litter from a local area. The Ombudsman will not investigate the complaint because there are insufficient grounds to warrant an investigation.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has delayed in removing litter he has reported on a number of occasions. He says the litter is an eyesore and may be a danger to wildlife and that he has taken time and effort to report the matter which has caused him inconvenience.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr X and gave him the opportunity to comment on my draft decision.

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What I found

4. Earlier in the year Mr X reported a deposit of litter to the Council which was causing an eyesore in his local area.
5. Having reported the presence of the litter three to four times without it being collected, Mr X then made a formal complaint to the Council. In response it told him the litter would be removed as soon as practicably possible.
6. Unhappy because the litter has yet to be removed, Mr X complained to the Ombudsman.

Assessment

7. We do not investigate every complaint we receive and while I understand Mr X is concerned to have the litter removed, neither the claimed fault by the Council or the injustice caused to him is sufficient to warrant a formal investigation by the Ombudsman.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because there are insufficient grounds to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman