Summary: We will not investigate this complaint about the Council’s refusal to intervene between Mr Q and another freeholder regarding the bin storage area at the front of their property. This is because we are unlikely to find fault with the Council.

The complaint

1. The complainant, whom I have called Mr Q, complained about the actions of the London Borough of Waltham Forest. He said the Council refused to intervene between him and another freeholder regarding the bin storage area at the front of their property. Mr Q said the bin storage area was too small and the gas meter cupboards had been broken when bins were pulled out for collection. He wanted the Council to encourage the other freeholder to agree to works that would resolve the situation.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information Mr Q provided. I invited Mr Q to comment on a draft of this decision.

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What I found

What happened

4. Mr Q is the freehold owner of a first floor flat. The freehold owner of the ground floor flat, Mr D, rents out his flat. The small front garden is shared by both flats and is used to store bins. Mr Q said the garden was not big enough to store the bins and take them out for emptying without damaging gas meters on the front of the property. Mr D did not respond to Mr Q’s suggestion that they cut back the hedge and part of the wall to enable easier removal of the bins on collection day. He asked the Council to intervene. He said Mr D did not properly manage or maintain the property he rented out.
5. The Council checked Mr D was complying with the terms of his licence regarding maintenance, refuse storage and disposal, and gas appliances for his tenants. It was satisfied Mr D was complying with the terms of his licence, but it asked him to ask his tenants to pull the bins onto the front path on bin collection day. The Council told Mr Q what action it had taken and that it would not take any further action. It said the Health and Safety Executive enforced maintenance of the gas meter housing. The Council told Mr Q the layout of the front garden was a private matter between him and Mr D.

Assessment

6. We will not investigate this complaint.
7. The Council did sufficient checks to ensure Mr D was complying with the terms of his licence. So it is unlikely we would find fault with the Council for deciding against taking further action, particularly as it has no jurisdiction over the gas meter housing.
8. In addition, I agree with the Council’s view that Mr Q’s dispute is a private matter between him and Mr D. It is not the Council’s role to intervene in such matters. So, again, it is unlikely we would find fault with the Council for refusing to intervene between Mr Q and Mr D.

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Final decision

9. We will not investigate this complaint because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman