Summary: Mr Y complains about the Council’s failure to deal with problems in an alleyway by his home. We find no fault in the way the Council responded to Mr Y’s concerns. There is some fault in the Council’s handling of Mr Y’s complaint, but the apology already offered is an appropriate remedy.

The complaint

1. Mr Y complains about the Council’s failure to resolve problems in an alleyway close to his home. In particular, he says the Council:
1. Missed a bin collection;
2. Failed to deal with fly tipping in the alleyway;
3. Failed to remove tall and overgrown weeds from the alleyway;
4. Failed to fix the alleyway’s uneven surface where water collects; and
5. Did not properly respond to all of his issues.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. During my investigation I discussed the complaint with Mr Y by email and considered any information he submitted including the complaint documents.
5. I made enquiries of the Council and considered its response.
6. I consulted the relevant law and guidance, such as The Highway Act 1980.
7. Mr Y and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Complaint a)

8. Mr Y complains the Council once failed to empty his recycling bin. We asked the Council to provide information on missed collections reported by residents on Mr Y’s road within the last 18 months to gauge how widespread the problem is.
9. In response to our enquiries the Council said it has received six reports of missed collections from Mr Y’s road in the last 18 months. One of these reports was from Mr Y. The Council says it remedied all missed collections within “the normal range” of service delivery issues.
10. The Council’s records show Mr Y reported the missed collection for his black bin (plastic bottles, metal cans and glass) on 26 August 2021. The Council closed the report on 30 August as ‘complete’.
11. However, Mr Y submitted a complaint because he says the bin was not emptied despite the reported missed collection. In response to the complaint the Council apologised because the report was incorrectly closed as complete. Mr Y then had to wait for the following scheduled collection.
12. The Council has already apologised to Mr Y for the inconvenience this caused. I am satisfied that the missed collection experienced by Mr Y is not a systemic issue. Mr Y experienced a missed collection only once, and this involved recycling waste rather than household waste. I do not consider Mr Y experienced any significant injustice.
13. Based on the information seen, I am satisfied that Mr Y has received an appropriate remedy in the form of an apology and there is nothing further the LGSCO would recommend.

Complaints b) c) and d)

14. The Council has a duty to maintain certain footpaths and highways at the public expense. These are sometimes referred to as ‘adopted’ highways. Private highways, which are not publicly owned and therefore not maintainable at the public expense, are often referred to as ‘unadopted’ highways.
15. Mr Y complains about problems in a gated alleyway to the rear of his property. He says the alleyway’s surface is uneven, collects water and is filled with tall overgrown weeds. Mr Y also says the alleyway is sometimes used as a place to illegally dispose of rubbish, referred to as ‘fly tipping’.
16. The Council advises the LGSCO that it has no duty to undertake any routine weeding of the alleyway, nor is it responsible for the uneven surfaces that Mr Y reports. This is because the alleyway is unadopted. As the alleyway is privately owned, the landowner is responsible for the funding of any routine maintenance and repairs. Based on the information seen, I am satisfied the Council is not at fault for failing to weed or maintain the alleyway.
17. In addition to the general maintenance of the alleyway, Mr Y also complains about the Council’s failure to respond to reports of fly tipping. In response to our enquiries the Council provided information about reports of fly tipping in the alleyway received between September 2020 and February 2022. In the section of alleyway by Mr Y’s house, the Council says it has received a total of eight reports and it has removed the rubbish on each occasion.
18. Despite the Council not having a duty to maintain the alleyway at the public expense, it recognises that fly tipping can present a public health issue and it will respond accordingly. The Council may also wish to keep the area under review to consider whether any ongoing fly tipping amounts to Anti-Social Behaviour.
19. I am satisfied the Council has removed rubbish when it was necessary to do so, and Mr Y has not provided any evidence to the contrary. I do not find fault by the Council.

Complaint e)

20. Mr Y complains the Council failed to respond to all the issues raised within his complaint. Having reviewed the complaint correspondence, I agree with Mr Y. The Council’s response referred only to the missed collections and did not respond to his points about the general state of the alleyway and his request for routine maintenance.
21. The Council has since apologised for this oversight and acknowledged that it should have explained in its complaint response that the alleyway is unadopted and so there is no further action for it to take.
22. The Council’s apology is a proportionate remedy for this part of Mr Y’s complaint, and I do not recommend anything further.

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Final decision

23. We have completed our investigation with a finding of no fault in the substantive complaint for the reasons explained in my statement.

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Investigator's decision on behalf of the Ombudsman