Summary: We will not investigate this complaint about refuse lorries causing damage along a private road. The Council has taken satisfactory action to address the complaint.

The complaint

1. Mr X complains larger refuse lorries used by the Council’s contractors cause damage to the surface of a private road and adjacent trees. He thinks the lorries should remain on the public highway whilst the bins are collected, emptied, and returned by the refuse operatives on foot.

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The Ombudsman’s role and powers

2. We can investigate complaints about ‘maladministration’ and ‘service failure’. We use the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council explains it has instructed its contractor not to use the private road and, other than some occasions in December 2023, this is now being adhered to. The Council has also previously apologised to Mr X for the time taken to resolve this issue.
6. The Council has taken satisfactory action to address the complaint, so the Ombudsman will not start an investigation.

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Final decision

7. We will not investigate Mr X’s complaint because we are satisfied with the actions the Council has already taken.

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Investigator's decision on behalf of the Ombudsman