Summary: The Ombudsman will not investigate Mr X’s complaint that the Council has refused to remove a litter bin from in front of his property where local people dump waste. There is insufficient evidence of Council fault.

The complaint

1. Mr X complains the Council has refused to remove a waste bin which is in front of his property. He says the bin causes neighbours to dump rubbish around the bin and it affects his enjoyment of his property. Mr X wants the Council to remove the bin or move it closer to the bus stop which it serves.

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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
• the fault has not caused injustice to the person who complained, 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, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I have considered Mr X’s information, comments, and photographs. I have discussed the complaint with him by telephone and read his reply to my draft decision statement. I have considered the Council’s replies to Mr X’s complaint and internet street scene views of the area.

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What I found

4. The photographs show a waste bin positioned some metres from the bus stop. It is on the edge of Mr X’s home which is in part a basement flat. Bags of rubbish are dumped at the bin which would be seen, to some degree, from the property. Mr X tells me he sees the waste from his bedroom window.
5. Mr X says since September 2019 he has complained to the Council about bags being left at the bin. He has listed seven neighbouring properties and a hotel as responsible. He says the hotel stores rubbish but does not have containers at the front. Mr X also says he wants to apply for off street parking and this would require the removal of the bin. He has not applied to the Council. Mr X confirms that the Council visited the site and he spoke to an environmental enforcement officer.
6. On 17 June 2020, the Council wrote to Mr X saying:
7. It previously removed the bus stop bin but there was a problem with littering and requests to reinstate. The Council considers that to relocate the bin would only shift the problem along the street.
8. Since February 2020 the Council’s environmental enforcement has monitored the area, investigated the hotel (which has a twice weekly rubbish collection and storage on site), issued a fixed penalty notice to one resident, and identified an area in need of more waste facilities. The Council has put up a no dumping sign and written an advisory letter to residents. Mr X tells me this is correct but people have not taken any notice.
9. The Council’s waste and street cleaning contractor services the road up to 3 times a day and has been alerted to the problem. Mr X refers in his correspondence to the rubbish being removed by each morning.

Analysis

10. I will not investigate this complaint for the following reasons:
11. There is no evidence of fault by the Council:
1. The Council considered Mr X’s request to move or relocate the bin and has explained its reasons for not doing so. The Council has considered relevant information including the consequences of a previous removal.
2. The Council has investigated the leaving of waste by the bin, monitored the situation, and taken enforcement action.
3. The Council’s waste cleansing service removes the rubbish daily.
4. Mr X has not applied for off street parking and that was not a relevant consideration in the Council’s assessment of the current circumstances.
12. The Ombudsman cannot lawfully question the Council’s decision when we find there is no fault.
13. If in the future Mr X has evidence of who is making unauthorised waste disposals he can provide the evidence to the Council which should investigate. He may also raise the issue with his local councillor.

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Final decision

14. The Ombudsman will not investigate Mr X’s complaint that the Council has refused to remove a litter bin from in front of his property where local people dump waste. There is insufficient evidence of Council fault.

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Investigator's decision on behalf of the Ombudsman