Summary: We will not investigate Mr X’s complaint about the Council’s delay in cleaning his street. This is because the delay did not cause Mr X significant injustice and Mr X had the right to take the matter to court.

The complaint

1. The complainant, Mr X, complains the Council delayed in cleaning his street.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I shared my draft decision with Mr X and invited his comments.

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My assessment

7. Mr X says that since September 2020 he has asked the Council to clean his street but it has not done so. He complained in April 2021 and in response the Council sent a crew to remove items left in and around the street.
8. Mr X was not happy with the Council’s response. He says other roads are attended regularly and he is frustrated the Council has taken so long to deal with the issue.
9. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
10. I understand Mr X is unhappy with the Council’s delay in cleaning his street but any injustice he has from the issue is not significant enough to warrant investigation.
11. Mr X also has an alternative remedy for the issue which it would be reasonable for him to use. If he believes the Council has failed to take such action as is required to keep the street clear of litter, and if he wishes to pursue the matter further, he may follow the process set out at Section 91 of the Environmental Protection Act 1990. This allows him to apply to the magistrates’ court for an order requiring the Council to clear the street.

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Final decision

12. We will not investigate this complaint. This is because:
• the matter does not cause Mr X significant injustice, and
• it would be reasonable for Mr X to take the matter to court.

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Investigator's decision on behalf of the Ombudsman