Summary: We will not investigate this complaint about the Council’s handling of matters relating to charges for communal bins at the block of flats where Ms X lives. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to Ms X, complains about the Council’s handling of matters relating to charges for communal bins at the block of flats in which she lives. She says there was no consultation process and that the Council’s actions have not been fair because other flats in the area have not been charged.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

4. 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

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In 2019 the Council contacted Ms X as representative for the management company representing residents in her block of flats about bin hire charges for the flats. In 2020 the Council sent a letter to the company about the introduction of charges to the address registered with Companies House and in October of that year Ms X asked that invoices for the charges be directed to her address.
8. In responding to a complaint made by Ms X in 2021 about matters relating to the charges, the Council set out a chronology of events and explained the action it had taken. It found no fault in how it had dealt with matters and it advised Ms X that if she wanted to challenge the legality of the charges she should seek legal advice.
9. The restriction highlighted at paragraph 4 applies to past events concerning the introduction of bin charges. Ms X knew of these matters in 2019/2020 and it is too late now for the Ombudsman to investigate them. With regard to the Council’s more recent actions in seeking payment of the charges, there is no evidence to suggest there has been fault by the Council which warrants investigation by the Ombudsman.

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Final decision

10. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman