The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to Ms X’s concerns about the positioning of her neighbour’s waste bins for collection. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Ms X complains the Council has not taken action to address her concerns about neighbours who place their waste bins for collection at the back of her property so affecting her health and safety and that of her child.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Since Ms X moved into her property, she has made a number of complaints to the Council about neighbours who place their waste bins at the back of her property for collection.
The Council has advised Ms X that the neighbours are presenting their bins at the point identified for collection and that it is unable to move the collection point. It has looked into various others concerns she has raised about waste collections, carried out site visits and confirmed it expects neighbours to present their bins after 18.30 for collection the next day.
While Ms X may be disappointed with the outcome of her complaint to the Council, there is insufficient evidence of fault to warrant an investigation. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. While it is unfortunate Ms X lives close to the collection point, the Council has explained it cannot move it given the geography of the area.
If neighbours are presenting their bins too early, it is open to Ms X to report this to the Council.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman