Nuneaton & Bedworth Borough Council (20 003 890)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 11 Dec 2020
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the quality of the Council’s grass cutting in an area close to his home. There is insufficient evidence of injustice and it would not be a good use of limited public resources to investigate.
The complaint
- Mr X complains the Council is failing to properly cut the grass on his street. He says the Council should use strimmers rather than only a mower. He refers to an area in front of his home where the Council has left a diamond shape. He also says the Council’s contractor ruined a walkway which goes through a wood from near his home to another street. Mr X says the quality of the service has reduced since the Council started to use a private contractor.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
- it is unlikely we would find fault, or
- the fault has not caused injustice to the person who complained, or
- the injustice is not significant enough to justify our involvement, or
- it is unlikely we could add to any previous investigation by the Council, or
- it is unlikely further investigation will lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered Mr X’s information and comments including the Council’s complaint replies sent in May. I have discussed the complaint with him by telephone. I have considered internet street scenes of the whole length of Mr X’s street from May 2019.
What I found
- Mr X says his complaint is about the quality of the cutting of grass not the frequency. Mr X refers to a diamond shaped area of land in front of his house which is left uncut and to a walkway not being usable. Mr X is a council tenant. He tells me he has raised the issue with a local councillor who said she will look into it.
- The Council refers to using different machines including ‘independent out-front cutting equipment’. It referred to grass cutting on 18 and 19 May. Mr X tells me this was the normal mower cut in front of his home.
Analysis
- I will not investigate this complaint for the following reason:
- The Ombudsman investigates fault causing injustice. I have not seen evidence that Mr X is being caused an injustice by the grass cutting or the condition of the walkway.
- It would not be a good use of limited public resources to investigate. It is more appropriate for Mr X to pursue the matter with his local councillor.
Final decision
- The Ombudsman will not investigate Mr X’s complaint about the quality of the Council’s grass cutting in an area close to his home. There is insufficient evidence of injustice and it would not be a good use of limited public resources to investigate.
Investigator's decision on behalf of the Ombudsman