Summary: We will not investigate this complaint that waste bins are left blocking pavements after collection as I do not consider it would be in the public interest to do so.

The complaint

1. Mr X complained that Council waste operatives are not returning waste bins to their original locations after collections, but they are left blocking pavements. Mr X considers the Council is acting contrary to the Disability Discrimination Act in doing this. Mr X says he has been complaining for five years about this which has impacted on his mental health.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X does not refer to having mobility issues himself and has taken on this issue voluntarily due to his strong feelings around fairness and equality and because of his concern for others. I recognise this. However, we have limited resources and must direct them to the most serious cases or cases which we feel should be investigated in the public interest. I do not consider either of these apply to Mr X’s complaint and as such, we will not investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it would not be in the public interest to do so.

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Investigator's decision on behalf of the Ombudsman