Summary: We have upheld this complaint about the Council not properly addressing problems with litter in a street. The Council has agreed to provide a suitable remedy, and this removes the need for us to investigate.

The complaint

1. Mr X says the Council did not properly address problems with litter in his street. He says the Council did not provide suitable litter bins or properly clean the street, which has caused him distress and inconvenience.

Back to top

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 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X says the Council did not properly address problems with litter in his street. He says the bins provided are unsuitable and litter continues to enter his garden.
6. If we were to investigate, it is likely we would find fault causing Mr X injustice because:
1. The Council has accepted there have been problems with the bins in Mr X’s street. It told Mr X it did not have any lidded bins available but said it would monitor the area and carry out additional cleaning. Despite this, Mr X has continued to report overflowing bins and litter in the street and the Council has not found a solution.
2. The Council has accepted there were delays in its complaint handling.
3. The Council’s fault has caused Mr X avoidable distress, loss of time and trouble.
7. We therefore invited the Council to consider remedying the injustice caused by its actions.

Back to top

Agreed actions

8. To its credit the Council agreed to resolve the complaint and will do the following to put things right:
1. Apologise to Mr X for not properly addressing the problems with litter.
2. Pay Mr X £250 to recognise his avoidable distress, loss of time and trouble.
3. Take action to address the ongoing litter problem considering options such as emptying the bins more frequently or installing a suitable lidded bin.
9. The Council should complete these actions within six weeks of today.
10. I consider the remedy agreed by the Council is suitable and that it is taking steps to address the issue at the heart of this complaint. It is therefore unlikely an investigation would achieve anything more for Mrs X.

Back to top

Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.

Back to top

Investigator's decision on behalf of the Ombudsman