Summary: We will not investigate Mr X’s complaint about the Council’s response to his concerns about pavement littering on the road where he lives. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mr X, complains the Council is failing to keep the footpath on the road where he lives free from litter. He says despite the Council taking enforcement action last year, waste still accumulates there due to inadequate action, ineffective monitoring and failure to hold repeat offenders accountable.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that it is failing to keep the footpath on the road where he lives free from litter and about the impact of this.
7. In response, the Council set out the actions available to the enforcement service and confirmed the actions it has taken and planned to take in response to Mr X’s concerns. This included arranging routine monitoring of the area; requesting installation of signage at the location; visiting a property Mr X said was causing littering; sending an advisory letter to local residents and arranging for a sweeper to attend the site every two weeks in addition to the local crew attending two to three times a week to remove any accumulated rubbish.
8. The Council took enforcement action on this issue in August 2024, which was effective at the time. It confirmed it would consider further enforcement action if it receives evidence to identify those responsible or witnesses any offences, but at present it did not have evidence to identify offenders and take enforcement action.
9. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. Whilst I note Mr X is dissatisfied with the Council’s response, I can see it has acted on his concerns and is taking suitable action to try to resolve the issue. It has explained the options available and what action it will take to address it and that where possible it will consider enforcement action. It is a matter for the Council to assess and decide what action to take and what resources to use. I can see no sign of fault in the way the Council has considered the matter.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman