Summary: We will not investigate this complaint about the failure of operatives to return bins to the exact collection point after emptying. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has suffered insufficient personal injustice to warrant an investigation.

The complaint

1. The complainant, I shall call Mr X complains Council operatives fail to return bins to the point of collection after emptying.
2. He says this is not compliant with the Highways Act 1980. And bins left on pavements are an obstruction for pedestrians.

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The Ombudsman’s role and powers

3. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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Final decision

6. We will not investigate Mr X’s complaint because we do not consider he has suffered a significant personal injustice to warrant an Ombudsman’s investigation.

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Investigator's decision on behalf of the Ombudsman