Summary: We will not investigate this complaint about refuse bins because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms Y complained the Council has relocated a communal bin at her block of flats without proper consultation.
2. Ms Y says she is concerned the move is causing a security risk, as well as hygiene and noise issues which is devaluing her property.

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The Ombudsman’s role and powers

3. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (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 Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Councils have a duty to collect household waste free of charge. In this case, the Council gave advice to the managing agent of Ms Y’s property about where the communal bins could be placed, to ensure that health and safety requirements for collections were met. However, the decision itself of where to locate the communal bin was the decision of the managing agent, and not the Council. As it is not the role of the Council to ensure residents were consulted on the placement of the bins, it is unlikely we would find fault for it not having taken these steps.
6. Ms Y has also raised concerns about the new placement for the communal bins, including potential hygiene, noise and misuse of the bins. While the decision on where the bins are stored was made by the managing agent, the Council’s response shows it has still considered Ms Y’s complaint about the bin placement in relation to the risk of pests. This is in part due to Ms Y’s concerns about the incorrect use of the bins by commercial businesses in the area.
7. The Council has been monitoring the site for such misuse and found no evidence of a continuing problem. It has also considered the noise made during the collection of the refuse from the bins and has asked its workers to try to keep noise as low as possible but has said some noise is unavoidable. It has then referred Ms Y to her managing agent, if she wishes to have any other concerns considered.
8. As the Council has properly considered Ms Y’s concerns where it can and referred her to the managing agent for the issues it cannot consider, there is no evidence of fault, so we will not investigate.

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Final decision

9. We will not investigate Ms Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman