Summary: We will not investigate this complaint about the Council’s decision not to relocate a dog bin. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains about the Council’s decision not to relocate a dog bin.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and images of the bin. I also considered our Assessment Code and invited Mrs X to comment on a draft of this decision.

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My assessment

4. The Council has a duty to keep the highway as clean as possible. The law gives councils the power to place bins on the street and in a position to be decided by the Council.
5. There is a sealed dog bin attached to a lamp post next to Mrs X’s garden; the bin is on the street side of the fence and has been at that location since at least 2008.The Council empties the bin three times a week. Mrs X has been asking the Council to move the bin since 2018. She says the bin smells and stops her using her garden.
6. The Council inspected the bin and found it is properly sealed and the officer could not identify any odours. The Council explained to Mrs X its legal duty to keep the highway clean and that the law allows it to determine the location of bins. The Council explained that it determines the location of each bin by considering factors such as demand, highway safety and its ability to ensure the bin is regularly emptied. The Council also explained that moving the bin could lead to increased dog fouling as dog walkers often have standard routes and know the position of the bins. The Council said it had not received any other complaints about the bin and told Mrs X it would not move the bin. Mrs X offered to pay for the removal but the Council explained it does not accept private funding to move bins when the original position is correct.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by explaining its legislative powers and some of the factors it considers when deciding where to place a bin. It has inspected the bin and found no evidence of a smell. It is for the Council, not us, to decide where to place bins and it is not fault for a council not to do what someone would like. We do not act as an appeal body and we cannot intervene because a council makes a decision that someone disagrees with.

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Final decision

8. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman