Birmingham City Council (24 012 565)

Category : Environment and regulation > Other

Decision : Closed after initial enquiries

Decision date : 10 Feb 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the service provided by the Council in removing weeds, grass and moss from Mr X’s street. This is because there are insufficient grounds to warrant an investigation and the Council has confirmed it will consider any specific enquiry Mr X makes relating to the removal of moss.

The complaint

  1. Mr X complains about the service provided by the Council in removing weeds, grass and moss from the pavement in his street. He says it is failing to provide a proper service and only acts when it receives a complaint.

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The Ombudsman’s role and powers

  1. 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
  • any fault has not caused injustice to the person who complained, or
  • any injustice is not significant enough to justify our involvement, or
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome, or
  • there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council has confirmed it treats pavements twice a year and that for Mr X’s road it last did so in September 2024 and will do so again in June 2025.
  2. We do not investigate every complaint we receive and while Mr X may be dissatisfied with the Council’s response to his complaint, there is insufficient evidence of fault by the Council or injustice caused to Mr X to warrant an investigation. We are funded by the public purse and have an obligation to use the funds allocated to us in an effective, efficient and economic manner. The Council has treated the pavements to deal with weed and grass growth and it has confirmed it will assess for treatment any specific enquiry it receives in relation to moss which requires different chemicals for removal.
  3. It is open to Mr X to contact the Council directly to request moss removal and we expect the Council to consider his request.

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Final decision

  1. We will not investigate Mr X’s complaint because there are insufficient grounds to warrant an investigation and the Council has confirmed it will consider any specific enquiry Mr X makes relating to the removal of moss.

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Investigator's decision on behalf of the Ombudsman

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