Summary: We will not investigate this complaint about the Council’s operation of compost bays near Mr X’s home. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the poor state of composting bays which are on Council land close to the boundary of his property. He says his flat overlooks the site which is often tidy and encourages mis-use by the public. He wants the Council to consider relocating the bays.

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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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he moved into a new build flat in 2021 and fund out that there are green waste composting bays on Council land close to the back of the block in which he lives. He says the bays are untidy, give off smells and encourage public urination when there is no supervision in place.
6. The Council responded to his complaints and told him that the bays existed years before the development which his home is in was constructed. The bays are currently being refurbished and are not in use, but they will not be removed as they are part of the Council’s green spaces management operation.
7. Mr X says the developer did not make him aware of the proximity of the bays when he bought his home and he is concerned they may affect its future value.
8. We will not investigate complaints where there is no evidence of fault by the Council. In this case the bays were used for their current purpose before Mr X purchased his home and it is the responsibility of a purchaser to make enquiries about the location and any problem s which may be associated with a site. The bays are currently not in use, but the Council says it intends to continue their use in future and there is no fault in this.

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Final decision

9. We will not investigate about the Council’s operation of compost bays near Mr X’s home. This is because there is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman