Summary: We will not investigate this complaint about the Council’s refusal to require the freeholder of blocks of flats to buy bins. There is no evidence of fault in the Council’s actions. It has not its’ duty to instruct the freeholder to buy bins. The supply, maintenance and repair of waste and recycling containers for flats, is the responsibility of the Management Agent, Resident Association or Facility Management company.

The complaint

1. Mr X complains the Council refuses to ensure the freeholder of neighbouring blocks of flats provide bins for the residents. He says the residents of neighbouring blocks are using communal bins for the residents of his block and are trespassing on private land to do so.
2. Mr X says this causes:
• communal bins to overflow
• the area to look unsightly
• smells; and
• fly tipping and rat infestation

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

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My assessment

6. Mr X says the flats next to the block where he lives do not have their own bins. Therefore, neighbouring residents are using the communal bins provided for the residents of the flats in the block where Mr X lives.
7. He says that, because too many people are using the communal bins, they overflow causing smells and attracting vermin and fly tipping. He says the Council has a duty to make the freeholder of the neighbouring flats to provide bins. Mr X is also concerned that the communal bins are on private land and the residents of his block pay for the maintenance of the bin area. He says he and the other residents in his block have no obligation to share their bins with residents of the neighbouring blocks.
8. Councils have a duty to collect household waste free of charge, but they can limit the number of bins they are prepared to collect. The Council can tell you where you must put your bin, and what you can and can’t put in it. The Council can impose other rules too, provided they are not unreasonable, and it has given you adequate notice.
9. However, there is no duty on the Council to make the freeholder to buy bins for the residents of the neighbouring blocks of flats. The Council’s Recycling and Waste Policy Charter states:

“The supply, ongoing maintenance and repair of residual waste and recycling containers for flats, communal properties and HMOs is the responsibility of the Management Agent, Resident Association or Facility Management company (“Controlling Agents”). Communal bins should be inspected on a regular basis by the Controlling Agents to ensure that they are fit for purpose. Communal bins have a limited lifespan and when they are considered beyond repair, they should be replaced to the same specification as existing containers.”

10. I understand Mr X is concerned that neighbour’s trespass on private land and use the private bins. However, trespass is a civil matter and not something for the Council to resolve.

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Final decision

11. We will not investigate Mr X’s complaint because there is no evidence of fault by the Council. As explained above, the Council has no duty to require the freeholder of the flats to buy more bins for the neighbouring flats. And issues to trespassing on private land are civil matters and Mr X may wish to seek his own legal advice on this point.

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Investigator's decision on behalf of the Ombudsman