Summary: We will not investigate this complaint about rubbish left in the street. There is not significant enough injustice to Ms X.

The complaint

1. Ms X complains the Council has not dealt effectively with rubbish bags left in the street near her home.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. We do not necessarily investigate every complaint that a council is at fault. We will not normally investigate a complaint if we decide any Council fault or alleged fault does not cause the person complaining a significant enough injustice to warrant the Ombudsman devoting time and public money to investigating the complaint.
6. Ms X says the leaving of rubbish bags in the street sometimes happens twice a week, on the days before scheduled refuse collections (bags should only be placed out for collection on the collection day). When that happens, some bags are presumably then collected the next day during the usual refuse collection. Anyway, the Council says it aims to remove dumped rubbish within 24 hours of receiving a report, though Ms X states that is not her experience here. So I understand the bags might sometimes be on the street longer before removal. The Council says it received 44 reports of rubbish bags in the street from Ms X in the year to 1 September 2024. That suggests it happened almost once a week on average.
7. I understand the bags are usually left on the opposite side of the street to Ms X’s home. So I do not consider the impact on Ms X is as significant as if the bags were immediately outside or next to her home.
8. The situation is obviously unpleasant and there is some amenity loss to Ms X and perhaps her neighbours when the bags are there, and frustration because the matter is continuing.
9. Ms X also suggested the rubbish affects the value of her home. That is necessarily speculative and anyway it is not the Council’s duty to maintain the value of someone’s home.
10. Overall, while I accept there is some adverse impact, I do not consider there is a significant enough impact on Ms X or significant enough public interest to warrant the Ombudsman devoting time and public money to investigating the complaint.

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Final decision

11. We will not investigate Ms X’s complaint. There is not significant enough injustice to warrant the Ombudsman devoting resources to investigation.

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Investigator's decision on behalf of the Ombudsman