Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner about the provision of waste collection services.

The complaint

1. Mr X complained about the Council’s failure to prevent his neighbours from putting waste in the communal bin provided for his block of flats. He says that this leads to him being unable to dispose of his waste when the bin is filled and contamination of separated recyclable waste.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X lives in a block of flats which is provided with recycling and large communal bins. He says that one some occasions the residents of nearby maisonettes have taken to putting waste in the communal bins and this includes mixing recycling and non-recyclable items. He says this makes it difficult for him to fit his own waste in the containers and that his separated waste becomes part of a contaminated collection.
6. Mr X has complained to the Council and its waste contractor since 2016 when he began to have this problem. The Council says that it cannot prevent nearby residents from using its communal facility provided for the block residents to use. This has remained the case since 2016 and it says Mr X has not made complaints about missed collections from the communal bins since 2018. He did complain about a missed collection in a nearby street in the past 12 months, but this was a matter for the affected householders of that street to raise with the Council and its contractor.
7. We will not investigate a complaint about a matter which the complainant was aware of more than 12 months before complaining to us. It was reasonable for Mr X to bring this to our attention following his previous complaints and we will not exercise discretion to consider it now.

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Final decision

8. We will not investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner about the provision of waste collection services.

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Investigator's decision on behalf of the Ombudsman