Summary: We will not investigate this complaint about the Council’s decision to supply a resident with wheeled bins without them having room to store them within their property. Access issues to a private road are civil matters between Mr X and his neighbour. The Council has apologised for failing to follow its complaint procedure which we consider is a satisfactory remedy to this part of the complaint. Further investigation of Mr X’s concerns will not lead to a different outcome.

The complaint

1. Mr X complains the Council has deprived him of his access rights to a private service road next to his home. He also complains the Council failed to follow its complaint procedure.

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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 or continue an investigation if we decide further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains the Council issued neighbours with wheeled bins and instructed them to store them in the private access road next to his home. He also complains the Council failed to follow its complaint procedure.
6. The Council advised it issued the bins following numerous complaints about fly tipping and litter. It says moving all residents onto the same wheeled bin collection has enabled it to collect waste effectively. It also says it has reduced reports about littering and fly tipping.
7. Mr X and the Council both acknowledge the access road is a private road and not a highway.
8. I understand Mr X believes the Council knew the neighbours could not store their bins within their property when it supplied them. However, the Council has a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in their areas. Under the Act it is for councils to decide the types of waste containers people must use. It is satisfied the bins do not fully obstruct the service road.
9. The Council has advised Mr X that disputes between him and his neighbours over whether his access to the service road is blocked is a civil matter between him and his neighbours.
10. Mr X also complained the Council failed to follow its complaint procedure. The Council has acknowledged this failure and apologised. We consider this is a sufficient remedy to this part of the complaint.

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Final decision

11. We will not investigate Mr X’s complaint because access issues over a private road are a civil matter between Mr X and his neighbour. I understand Mr X wants us to instruct the Council to remove the bins, however this is not something the Ombudsman can do.
12. The Council has acknowledged it failed to follow the correct procedure when Mr X first complained. It has apologised.
13. We consider further investigation of Mr ‘s complaint will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman