Summary: Ms X complained about the Council’s failure to resolve her complaint about waste storage at the block of flats where she lives. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation. We have no jurisdiction to investigate the actions of social housing landlords.

The complaint

1. The complainant, whom I shall call Ms X, complained about the Council not providing sufficient waste bin storage at her block of flats. She says there were more bins available in the past and the Council should re-instate the storage capacity.

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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)

3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

4. I have considered all the information which Ms X submitted with her complaint. I have also considered the Council’s response. Ms X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Ms X says the waste bin provision at her block of flats which are managed by a social housing landlord has been reduced since 2018. She says that there is insufficient capacity when recycling has to be separated.
6. The Council responded to her complaints and said that it considers there is sufficient waste storage capacity for the size of the site but that it has been negotiating with her social housing landlord about bin storage type and location. It says that the landlord is responsible for the waste storage and it cannot negotiate with individual tenants who do not represent the whole block.
7. Ms X should take the matter of waste storage up with her landlord because it has a responsibility for this under her tenancy agreement. The Council is the waste collection authority and any issues about on-site storage and bin provision would involve direct contact with the site owner.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation. We have no jurisdiction to investigate the actions of social housing landlords.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman