Kirklees Metropolitan Borough Council (21 014 325)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 02 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about nuisance caused by waste bins placed near Ms X’s window. This is because the Council is continuing to consider the matter and whether it has any legal remit to become involved.
The complaint
- Ms X complains the Council has refused to help in respect of a nuisance caused by large waste bins that are stored under her window by third parties. Ms X complains these cause privacy, noise, smell and pest problems.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide it would be reasonable for the person to ask for a council review or appeal (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council advised Ms X it had no remit to intervene in this as it is a private matter. Ms X asked for clarification of the Council’s legal position but did not receive it.
- The Council has confirmed it is to look into this further. It also acknowledges that it wrongly informed Ms X that it has finished dealing with her complaint.
- I consider it is an appropriate way forward to allow the Council to review this matter and as such we will not investigate at this stage. Should Ms X remain unhappy once the Council confirms its position, we can consider the complaint afresh at that time.
Final decision
- We will not investigate Ms X’s complaint because the Council is going to review it.
Investigator's decision on behalf of the Ombudsman