Summary: Mrs X complains about the relocation of a grit bin in the road where she lives. The Ombudsman will not investigate this complaint as it is unlikely we will find fault. Nor is it likely that further investigation will lead to a different outcome.

The complaint

1. Mrs X complains the Council has relocated a grit bin from its original place at the bottom of the road. She says it is now in a dangerous position and that people will slip if it is icy and they try to use it. She wants it moved back to its original position.

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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 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
• the fault has not caused injustice to the person who complained
• it is unlikely we could add to any previous investigation by the Council
• it is unlikely further investigation will lead to a different outcome
• we cannot achieve the outcome someone wants

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

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How I considered this complaint

3. I considered the information provided by Mrs X and the Council. This includes its Winter Service Plan.
4. Mrs X commented on the draft version of this decision.

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What I found

5. Mrs X says a grit bin has been located at the end of the cul-de-sac where she lives for many years. She says it has recently been moved to the top of the hill. And means those living at the bottom cannot make it up the hill to spread grit in icy weather. She also says an elderly neighbour with a disabled wife cannot access the bin at all.
6. The Council says it must consider all residents. The previous location of the grit bin did not afford easy access for gritting the road junction – something it says affects all residents in poor weather. Therefore, it has moved the grit bin to the centre of the road. It also says where there is a gradient it is normal practice to place grit at a high level to ease spreading.

Assessment

7. It is clear the Council is aware of the location of the grit bin where Mrs X lives. It made the decision to move the bin to an area it says is more accessible to all residents. And which facilitates gritting of the junction which is says affects all residents.
8. I understand Mrs X is unhappy with the decision to move the bin, but she has confirmed she has not suffered any injustice because of this. Also the Council has explained why it has taken the decision and we are unlikely to find fault in its action. I understand Mrs X is concerned for an elderly neighbour, but I have no written authority for her to complain on his behalf.

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Final decision

9. I will not investigate this complaint. This is because the Council has considered the layout of the road where Mrs X lives, and decided to move the grit bin to what it considers to be a more appropriate location for all residents. It is unlikely the Ombudsman will find fault in this action. And it is unlikely further investigation will lead to a different outcome. Nor has Mrs X suffered any personal injustice because of her concerns.

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Investigator's decision on behalf of the Ombudsman