Isle of Wight Council (21 014 557)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 18 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about bins and rubbish being left on a footpath. This is because there is insufficient evidence of fault in how the Council has dealt with the matter.
The complaint
- The complainant, who I will call Mr X, complains that the Council has failed to properly deal with his reports that bins and rubbish bags are being left on a footpath close to his home.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has the power to require residents to put bins out for collection and remove them after collection. If they do not comply it can issue warnings. If these are ignored the Council has the power to issue a Fixed Penalty Notice (FPN)
- In response to Mr X’s complaint the Council has considered what action it could take and decided to write to several residents, providing information reminding them of how their rubbish should be presented and warning them that if they fail to comply further action may be considered. A further letter has been sent to the landlord of some of the properties involved.
- I will not investigate Mr X’s complaint. This is because there is insufficient fault with how the Council dealt with the matter. The Council considered Mr X’s concerns and acted appropriately, taking proportionate action in accordance with its powers.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman