Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports regarding the cleanliness of his street. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council has not properly reviewed the cleanliness of his street.

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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 impact 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 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

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

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My assessment

5. Mr X complained the Council has not properly reviewed the cleanliness of his street. He also complained the street cleaner spends too much time on his phone and not enough cleaning the street.
6. The Council inspected the street on two occasions and said the street was cleaned to the required standard. The Council confirmed the street cleaner was allowed to have breaks but invited Mr X to report if he noticed the street cleaner using his phone excessively or if he observed residents fly tipping.
7. The evidence shows the Council has considered Mr X’s complaint and responded by inspecting the site on two occasions. The Council was satisfied with the level of cleanliness on Mr X’s street. The Ombudsman cannot comment on the outcome of a decision the Council has made if it made the decision in line with the correct process. There is no evidence of fault in the Council’s decision making. An investigation would therefore be unlikely to result in a different outcome.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman