Summary: The Ombudsman will not investigate this complaint about how the Council dealt with the complainant’s concerns about residents leaving their bins outside his property. This is because it is unlikely an investigation by the Ombudsman could add to the Council’s response.

The complaint

1. Mr X has complained to the Council about one of his neighbours leaving their bins outside his property. Mr X says people use the bins to climb into his garden and his home has been burgled as a result. Mr X says the Council has not taken any action to resolve the problem.

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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, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

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

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How I considered this complaint

3. I have considered the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered the comments he has made in response.

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What I found

4. Councils have a legal duty under the Environmental Protection Act 1990 to collect household waste and recycling free of charge. Residents on the street where Mr X lives should place their bins outside their homes from 3.30 pm the day before their designated waste collection day and return the bins after they have been emptied.

What happened

5. Mr X contacted the Council to complain as one of the other residents on the street where he lives regularly puts their bin against Mr X’s garden fence. Mr X says people have used the bin to climb over the fence and access his garden and his home has been burgled as a result. Mr X has complained to the Council but says it has taken no action and the problem has continued.

Assessment

6. The Ombudsman will not investigate Mr X’s complaint. This is because it is unlikely he could add to the Council’s investigation or achieve a different outcome.
7. I understand Mr X is concerned about the bins being left outside his home. He says the matter is causing him considerable stress and he would like the Council to place bollards on the road to prevent his neighbour leaving the bins against his garden fence.
8. In response to Mr X’s concerns, the Council has now said that its Waste Prevention Team will carry out an engagement exercise and speak to residents to ensure the problem does not continue. As the Council is taking steps to resolve the problem it is unlikely an investigation by the Ombudsman could add to this or achieve a different outcome for Mr X.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because it is unlikely an investigation by the Ombudsman could add to the Council’s response or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman