Summary: We will not investigate this complaint about noise nuisance from early refuse collections. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains that he is caused a noise nuisance by refuse collectors every Monday morning. Mr B says the bins are collected very early at 6.30am and sometimes it is earlier than this. Mr B says refuse collectors shout at each other. In addition, Mr B also says the lorry has to reverse into the narrow road where he lives, and the lorry is fitted with a reversing vehicle warning sound, which is loud.
2. Mr B says the Council changed the collection time when he complained about this before so he does not understand why it cannot be changed again. Mr B would like the Council to change the collection route so collections on his road are made later in the morning.

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The Ombudsman’s role and powers

3. 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 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))

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How I considered this complaint

4. I considered information provided by Mr B and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In response to Mr B’s complaint, the Council said its policy is to collect residential bins from 6.30am. The Council said it is unable to change the current bin collection time for Mr B’s road. This is because the routes are designed to optimise the crew’s productivity by reducing travelling time and fitting in with other collection teams working in the area.
7. The Council added it will monitor collections to make sure they do not take place before 6.30am and will remind the crew to keep noise to a minimum when working on this street.
8. There is no legislation or government guidance which sets out the times of day when local authorities must collect refuse. It is for each local authority to decide when to start collections.
9. The Council collects refuse from 6.30am. This is a decision for the Council to make. We cannot say the Council is at fault for starting collections at this time.
10. Mr B says the Council managed to collect refuse from his road at a later time before. But, it is for the Council to decide the most efficient way to arrange its refuse collections. The Council has explained that it cannot currently change the collection time for Mr B’s road. An investigation into the Council’s route planning is unlikely to find fault or be a good use of our limited resources.
11. So, there is not enough evidence of fault to justify an investigation into Mr B’s complaint. Also, the Council has acted reasonably by monitoring collections and reminding officers to keep noise to a minimum.

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Final decision

12. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman