The Ombudsman's final decision
Summary: We will not investigate this complaint about where a bin is placed. This is because we are unlikely to find fault.
The complaint
Mr X wrote to the Council, requesting they move a litter bin from outside his business. He says the bin overflows and has an unpleasant smell.
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 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)) 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)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has demonstrated it considered Mr X’s complaint, before deciding not to move the bin. It has provided Mr X with its reasoning for its decision, including the need for a bin in that area and its inspections rarely finding a problem with the bin. We are unlikely to find fault with the Council’s decision-making.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault.
Investigator's decision on behalf of the Ombudsman