Summary: We will not investigate this complaint about the Council’s refusal to remove grass clippings from highway verges following maintenance cutting. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complained about the Council’s failure to collect grass clippings after its contractors cut the highway verge outside her home. She says that she has recently installed artificial grass in her garden and the wind-blown clippings are difficult to remove when they blow onto her property. She wants the Council to collect the gras cuttings.

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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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says the Council has refused to carry out removal of grass cuttings from the highway verge outside her home. She says the wind blows the cuttings onto her recently installed artificial grass and she is unable to remove it easily.
6. She complained to the Council and its contractor visited her home. The Council says that does not provide a grass collection service and will not remove the cuttings.
7. There is no statutory duty for highway authorities to remove grass cuttings and most councils ended this type of service several years ago for reasons of economy and because it is considered environmentally beneficial for the cut grass to act as a mulch dressing.
8. If Ms X believes the cuttings are causing a nuisance or damage to her property, she could make a claim against the Council as this is a private matter.

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Final decision

9. We will not investigate this complaint about the Council’s refusal to remove grass clippings from highway verges following maintenance cutting. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman