Summary: We will not exercise discretion to investigate this complaint about the Council’s waste collection vehicles causing fumes, noise and obstruction during their collection service. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

The complaint

1. Ms X complained about the Council’s failure to take action or to compensate her for fumes, noise and parking obstruction caused by the Council’s waste collection vehicles collecting outside the block of flats where she lives. She says she has been complaining since 2020.

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The Ombudsman’s role and powers

2. 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

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says waste collection lorries park in the street near her window in the block of flats where she lives. She says fumes and engine noise are bad for the environment and her health and that the vehicle park in bays restricted for residents while carrying out the collection. She also says she has complained about street cleaners pouring wastewater down public highway drains which is bad for the environment.
6. Ms X says she has complained about the collection since 2020 and that her housing association landlord has also complained to the Council about the waste collection in 2020.
7. We will not investigate this complaint which was received outside the normal 12-month period. The time to make a complaint is within 12 months of becoming aware of the problem, not when it was first reported to the Council. There is no evidence to suggest that Ms X could not have complained to us sooner.
8. We would not be able to investigate the operation of the waste collection at Ms X’s flats because this is a matter between the social housing landlord and the waste collection authority.

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Final decision

9. We will not exercise discretion to investigate this complaint about the Council’s waste collection vehicles causing fumes, noise and obstruction during their collection service. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman