Summary: We will not investigate this complaint about the Council’s response to Mrs X’s report about debris left on a road and footpath. Any injustice to Mrs X is not significant enough to warrant an investigation.

The complaint

1. Mrs X reported her concerns about debris and other waste left on the footpath and road near where she lives. Mrs X said the Council’s response was poor and ineffective. Mrs X was also unhappy the Council delayed dealing with her complaint.
2. Mrs X said she was worried a person may be injured because of the debris.

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The Ombudsman’s role and powers

3. 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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mrs X and I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X raised her concerns with the Council in April 2024, about waste and debris on the footpath and road, near an industrial location. Mrs X also reported she was concerned about this because she walked and drove past this location frequently, and there was a possibility of a person being injured.
6. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the Council. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
7. Mrs X is concerned, and she said there is a possibility of someone being caused an injury. However, the apprehension of an event that has not occurred and may not occur, is not a sufficiently serious personal injustice to warrant a full Ombudsman investigation and therefore we will not investigate.
8. Nor will we investigate Mrs X’s concerns about how the Council responded to her complaint. This is because it is not a good use of our resources to investigate complaint handling issues, where we are not looking at the substantive issue.

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Final decision

9. We will not investigate Mrs X’s complaint because there is no significant injustice.

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Investigator's decision on behalf of the Ombudsman