Summary: We will use our discretion not to investigate this complaint about the relocation of a bin store for Housing Association properties. This is because there is no worthwhile outcome that an investigation could achieve.

The complaint

1. The complainant, Mr X, complains about the relocation of a bin store to a position near his flat. He wants better communication about decisions that affect residents and for the bins to be moved.

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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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of Housing Associations. (Local Government Act 1974, sections 25 and 34(1), 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 the decision made by the Housing Ombudsman. I also considered our Assessment Code.

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My assessment

5. Mr X is a Housing Association tenant. Following frequent reports from the refuse crew that the location of the bins was causing accidents, the Council’s refuse service directed the Housing Association to move the bins to a different location. The Housing Association moved the bins. Mr X complained that the new position would affect his health and well-being, and was visually unappealing.
6. The Housing Association worked with residents and, after trying some mitigations, moved the bins to a different location.
7. Mr X complained to the Housing Ombudsman. The Housing Ombudsman found no fault in the Housing Association’s actions. Mr X then complained to us.
8. We cannot investigate Housing Associations. We cannot tell Mr X’s landlord to move the bins or comment on its actions. We have no power to ask his landlord to improve how it communicates with residents.
9. The Council told the Housing Association to relocate the bins. We can investigate council actions but, as the Council made the direction to the Housing Association to protect the health and safety of staff, it is unlikely we would find fault. Further, we could not ask a council to do something which would contravene health and safety rules. The implementation of the direction was the Housing Association’s responsibility and, as I have said, we cannot investigate any issue about the actions of Housing Associations.

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Final decision

10. We will not investigate this complaint because we could not achieve a meaningful outcome.

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Investigator's decision on behalf of the Ombudsman