The Ombudsman's final decision
Summary: We will not investigate Mr C’s complaint about the Council not taking action about residents leaving bins on the pavement after collection day. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr C complains the Council is not taking action against residents on his road who leave their refuse bins on the pavement after collection day. Mr C says he has been complaining about this for 14 years and the problem is getting worse. Mr C says it negatively affects the amenity of the area. Mr C says if the Council started issuing fines, residents would change their behaviour.
Mr C also says there are weeds on the pavements and road, but the Council does not spray them.
The Ombudsman’s role and powers
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr C including the Council’s responses to his complaint. I viewed Mr C’s road on Google Streetview and have read government guidance: Household waste bins: when and how councils may issue fixed penalties.
I considered the Ombudsman’s Assessment Code.
My assessment
Councils have the power to issue a fine called a Fixed Penalty Notice to a resident who does not follow local waste collection rules.
A council may do this if the failure to follow the rules causes a nuisance or has a negative effect on local amenities.
Government guidance encourages a measured and balanced approach and says the use of these penalties should focus on those who cause genuine harm to the local environment.
The Council has told Mr C it takes a pragmatic approach to investigating complaints about bins left on the street. The Council says it does not have the resources to enforce against every bin left on the highway between collection days. The Council says if the bin is not causing an obstruction, which means there is enough space for a wheelchair or pushchair, the Council will not take any further action.
We will not investigate Mr C’s complaint. This is because there is not enough evidence of fault to justify an investigation.
The Council has the power to issue a Fixed Penalty Notice if a resident is not following local waste requirements. But, it is not required to do so.
The Council has investigated Mr C’s concerns by visiting his street and delivering letters to properties where bins were left on the pavement.
The Council has explained it focuses its enforcement activity on bins which are causing an obstruction and it has not identified any bins causing an obstruction on Mr C’s street. This is a decision for the Council to make and it is not our role to tell the Council to use its resources differently.
The Council has also explained that weed spraying is the responsibility of the county council, which is the local highways authority. I have not seen any information to suggest the Council has got this wrong.
So, an investigation is not justified.
Final decision
We will not investigate Mr C’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman