Summary: We will not investigate this complaint about the storage of a bin by a neighbour and the provision of two bins without charge. This is because there is insufficient evidence of fault regarding the storage issue and because the Council will provide two bins as requested.

The complaint

1. The complainant, Mr X, says the Council will not make a neighbour remove a bin from an alley. Mr X also complains the Council will not provide two bins without a charge. Mr X wants the Council to remove the bin and provide bins for free.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. 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

Bin removal

5. Mr X asked the Council to remove a bin which a neighbour keeps in an alley. Mr X says the bin causes an obstruction and makes it hard for him to safely use the alley. Mr X also says the neighbour’s use of the alley breaches the covenant which is attached to the use of the alley.
6. The Council said it has no power to remove the bin because the alley forms part of private land and the bin is not obstructing the highway. It said this is a private matter between Mr X and the neighbour.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. An officer inspected the alley and established the neighbour is placing the bin on private land. The Council has a duty to keep the highway clear of obstructions but, as the bin is not on public land, or the highway, the Council cannot remove it. Mr X has referred to covenants restricting the use of the alley, so the Council is correct to say this is a civil matter between Mr X and his neighbour.

New bins

8. The Council issued residents with free recycling bins in 2010. Mr X declined the bins because he did not need them.
9. Mr X now finds he needs the bins and asked for two recycling bins. The Council agreed to provide the bins but said there would be a charge. The Council referred to the bin charging policy and said each bin costs £25.
10. The policy says people can request a new bin if a bin has been lost, damaged or the resident needs more space. The policy does not state there will be a charge if someone requests a bin which has not previously been provided.
11. I asked the Council to provide Mr X with two free bins. I made this request because Mr X says he declined the offer of the bins in 2010 and the policy is silent on whether there will be a charge when a bin has not previously been issued to the property. This is a fair way to settle the complaint and is the outcome Mr X asked for. The Council will contact Mr X about the arrangements for the new bins.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault regarding removal of the bin, and because the Council has agreed to provide two bins without a charge.

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Investigator's decision on behalf of the Ombudsman