Summary: Miss X complains the Council failed to resolve problems she experiences of wheeled waste bins being left on the pavement near to her home. She says the bins attract vermin and flies, particularly when full in the summer, and can blow over when it is windy. She says they make access to her property difficult.

The complaint

1. Miss X complains the Council failed to resolve problems she experiences of wheeled waste bins being left on the pavement near to her home. She says the bins attract vermin and flies, particularly when full in the summer, and can blow over when it is windy. She says they block access to her property when she is using a double buggy for her young children.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered the complaint and documents provided by Miss X and spoke to her. I asked the Council to comment on the complaint and provide information. I sent a draft of this statement to Miss X and the Council and considered their comments.

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What I found

What happened

5. Miss X has complained about the problem of bins being left near to her home since she moved into the property in late 2017. The Council visited the site over the summer of 2018 and also the households believed to be responsible for the bins.
6. There was then no further action until January 2019 when Miss X complained again. An officer again visited the site and responded to Miss X’s complaint. He said that no further action was possible. Miss X did not pursue her complaint at that point as she was disheartened with the lack of action but did do so in the summer.
7. In October the Council responded at stage two of its complaints process. An officer had visited the area again but had not established for certain who owned the bins. The Council said it would write to the households it believed owned the bins but it did not do so. It told Miss X it was doing all it could.

The Council’s response

8. In responding to my enquiries about the complaint the Council has accepted that it has not handled the matter as it should. It said that after the action in summer 2018 no further action was taken. Officers who were dealing with it did not realise the action that could be taken and this incorrect view was given to Miss X in the Council’s response to her complaint in February 2019. This was repeated in the stage two complaint response in October.
9. The Council has said this was because the officers did not have the correct knowledge and they failed to consult with officers who did. To address this the Council is training staff across multiple service related areas. And it is ensuring stage one complaints are dealt with by officers in the relevant area of the Council and not by the officer who handled the issue causing the complaint.
10. The Council has accepted it does not have to collect and empty the bins as they are causing a nuisance or obstruction. It has now instructed its waste contractor to remove the bins and it will now monitor requests for bins from houses in the area. This means it will be able to work with residents to ensure they are aware of their obligation to store their waste containers within their property boundary between collections.
11. The Council says it is taking action to ensure a similar incident cannot recur. It is putting in place a new procedure and providing training to the relevant officers. The procedure will include a notice which can be stuck to bins that are left on the public highway so it is clearly visible by the users of the bin but also shows the Council is taking action. The Council will follow this with a letter to local households in the area. Both the notice and letters will include clear timeframes for action by the party responsible for the bin. If action does not take place and the Council receives no response to the notices the bins will be removed on the expiration of the timeframe.

Analysis

12. The Council has helpfully identified and accepted failings in its approach here and is now taking appropriate action. But the failings have meant Miss X has had the nuisance and inconvenience of the bins by her property for two years longer than she should. I consider the Council should apologise to Miss X and make a payment to her in recognition of the injustice she has suffered.
13. The Council has also accepted that this has shown some issues with its complaint handling. The stage one response was done by the officer who had dealt with the matter and the stage two response did not identify the failings. The Council has said it will ensure that a stage one response is dealt with by officers in the relevant service area. But I consider this highlights an issue with the stage two process. This said that it was just ensuring the stage one response had been carried out properly, but this is not sufficient. The stage two response should be thorough enough to identify where there are failings in the approach and action taken by the Council.

Agreed action

14. The Council will, within a month of the final decision, apologise to Miss X and pay her £200.
15. Within two months of the final decision the Council should provide an update to the Ombudsman of:
• the implementation of the new procedure for dealing with bins left not on the householder’s property; and
• its review of its complaint handling.

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Final decision

16. There was fault which caused injustice to Miss X.

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Investigator's decision on behalf of the Ombudsman