Summary: Mr X complains about the Council’s waste collection service. We will not investigate the complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr X, complains that, after collection, his landfill wheelie bin has been left partially blocking his path eight times in the past year despite his numerous complaints about the matter. He says he has been caused inconvenience, has had to physically relocate the bin himself on these occasions and has been put to time and trouble in pursuing matters. He wants the problem and to receive compensation.

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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:

• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, 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. In considering the complaint I reviewed the information provided by Mr X, including the Council’s responses to his complaint. I gave Mr X the opportunity to comment on my draft decision and considered what he said.

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What I found

4. In December 2019 Mr X contacted the Council about various waste collection issues, including that his wheelie bin had been left partly blocking the entrance to his property which he had then to move himself. The Council confirmed the crews were supposed to leave the bins where they do not obstruct driveways etc.
5. In January 2020 Mr X reported to the Council that on two further occasions the bin had been returned partly blocking his path. In April he reported that again this had been the case.
6. The Council responded to Mr X’s concerns under its complaints procedure. It apologised and told him it would raise the issue with its contractor.
7. Unhappy with the Council’s response, and following a further occasion in July when the bin was left partially blocking his path, Mr X asked that his complaint be progressed to the next stage of the complaints procedure.
8. In responding to the complaint, the Council confirmed crews are expected to return bins to the location from which they are collected and not to be left blocking access points such as driveways, paths or roads. It apologised this had not always happened for Mr X and advised that a formal complaint had been lodged with the contract manager and appropriate action would be taken against the staff members concerned. It also confirmed spot checks had been requested to ensure compliance with the bin placement procedure.
9. At the end of October Mr X wrote to the Council to report again that the bin had been left partially blocking his gate. The Council replied to advise a senior officer had met with the contractor’s supervisor and that both would be personally visiting Mr X’s property to meet the refuse operators to supervise collection. It also told Mr X it had issued a default notice to the contractor which carried a financial penalty and that a further notice would be issued if further problems arose.
10. As the same problem occurred again in November, making it the eighth time in a year, and the sixth time Mr X had complained to the Council about it, he complained to us.

Assessment

11. It is unfortunate that, while for the most part the bin is returned to an appropriate location, there are times when this does not happen which has led to frustration for Mr X.
12. The Council has taken various actions to address the problem and while to date it does not appear to have been completely eliminated, I do not consider an investigation would be likely to add to that already undertaken by the Council or that a different outcome would result.
13. It is the case that in pursuing a complaint complainants are put to time and trouble and while I note Mr X felt compelled to complain on a number of occasions over the past 12 months, his injustice does not appear to be serious or significant so that an investigation is warranted.
14. In responding to my draft decision Mr X says he feels he has not been treated fairly by the Council as it would not like a bin blocking the front entrance to its building. He also says he is concerned that the problem may continue indefinitely without being properly resolved. However, the Council has told him it will continue to address the problem and that if warranted it will issue a further notice/financial penalty.

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Final decision

15. We will not investigate this complaint. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman