Summary: We will not investigate this complaint about the overcrowding of his driveway due to a refuse bin provided by the Council. This is because the complaint is late without good reason to investigate it now and the courts and insurers are better placed to consider the complaint.

The complaint

1. Mr Y complained about the size of refuse waste bin the Council provided, causing overcrowding on his driveway.
2. Mr Y says he considers his human rights to have been abused as the Council has refused to remove the wheelie bin and still guarantee his refuse waste will be collected using its service.
3. Mr Y also says that due to the overcrowding on the driveway, he often feels he has to park on the side of his road. He says he recently parked his car on his driveway, but due to the bin, accidentally hit the wall of his property, causing damage to both his home and his vehicle. He says the repairs for this amount to over £2,000, which he believes the Council are partially responsible for.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

7. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
9. Mr Y told us he complained to the Council about the size of the wheelie bin it provided, and how this blocked his driveway, in 2023 and again in 2025. He also gave us copies of this correspondence.
10. Mr Y’s was therefore aware of his reason to complain about the Council’s actions when he originally complained about the wheelie bin size in 2023, more than 12 months ago. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph five where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained to us sooner.
11. Further, Mr Y is seeking to obtain damages from the Council for the cost of repairs to both his home and his car after he drove into it while trying to avoid his bin. Mr Y says the costs amount to over £2,000, which he believes the Council should pay a contribution towards.
12. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. One of these concerns negligence claims about damage to property. We cannot determine liability claims for negligence. These are legal claims which may only be determined by insurers or the courts.
13. Consequently, any claim for damages, such as for the cost of repairs to both his vehicle and his property, which Mr Y considers the Council to be responsible for, are matters more appropriately dealt with by the courts. It is therefore reasonable for Mr Y to pursue his claim through either the Council’s insurer or the courts. We will not investigate this complaint.

Back to top

Final decision

14. We will not investigate Mr Y’s complaint because the complaint is late without good reason to investigate it now and the courts and insurers are better placed to consider the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman