The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a refuse issue. This is because there is no sign of fault by the Council.
The complaint
The complainant, whom I shall call Mr X, complains the Council’s refuse collectors empty his neighbour’s bins every week even though they are overfilled.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation. (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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about his neighbour’s refuse bin being collected every week even though it is intentionally overfilled. Mr X says it should not be collected, in line with the closed bin lid policy, and that the problem attracts mice and foxes.
In response to Mr X’s complaint, the Council explained its crews will only collect a bin where it is safe to do so and that it will try to collect waste to avoid it being left and possibly causing any health and safety concerns such as attracting vermin.
It has monitored the collections since Mr X raised his complaint. It found that although, on occasion, his neighbour’s bin lid was not fully closed it did not pose any health and safety risks in it being able to collect the waste. It explained it uses its discretion to decide whether to collect a bin and that leaving a bin uncollected could cause further issues in attracting vermin or causing a nuisance to neighbouring properties.
We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council here. It has explained it will collect refuse where it has assessed it is safe to do so and that it has discretion to decide whether or not to make a collection. It has acted in line with this and it is a decision the Council is entitled to make. There is nothing further we could add to the response the Council has already provided on this matter via its own investigation.
Final decision
We will not investigate Mr X’s complaint because there is no sign of fault by the Council
Investigator's decision on behalf of the Ombudsman