Summary: We will not investigate this complaint about the Council’s decision to remove the complainant’s rubbish bins. This is because the Council has reversed its decision and there is not enough injustice to require an investigation.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council decided he could no longer keep his bins on the pavement and he was dissatisfied with the alternative options.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• we are satisfied with the actions an organisation has taken, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6) 24A(7), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

4. The law says councils can decide the type of receptable a resident must use to store waste and where the bins should be placed for collection. Bins should not be stored on the highway (which includes the path) unless the Council has given consent.
5. Mr X kept his bins on the path and had done so for many years. The Council served a notice asking him to remove the bins because it had received a complaint and it decided the bins were causing an obstruction. The Council said Mr X could use bags which is the service it offers to anyone who does not have space to store bins. The Council did not explain how Mr X could continue to use the garden waste service.
6. Mr X objected to the loss of the bins. His objections included that bags are more unsightly than bins, that vermin could open the bags, and plastic bags are not environmentally friendly. Mr X also said the Council had not provided an alternative option for storing the garden waste.
7. In response to my enquires the Council said it had reversed its decision and will allow Mr X to store bins on the path. It may, however, need to review this if the County Council considers taking enforcement action. The Council will deliver a bin to Mr X and issue a refund for the time he could not use the garden waste service.
8. I will not start an investigation because the problem has been resolved. The law allows councils to decide whether a resident can store their bins on the path and the Council was entitled to tell Mr X he must store his bin somewhere else or use the bag service. However, in recognition of Mr X’s concerns, the Council has reversed its decision and will issue a refund. This is a satisfactory outcome and, while I recognise there was an impact on Mr X for a few months, it does not represent a level of injustice requiring an investigation.

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Final decision

9. We will not investigate this complaint because the complaint has been resolved and there is insufficient evidence of injustice to require an investigation.

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Investigator's decision on behalf of the Ombudsman