Summary: We will not investigate this complaint about how the Council dealt with wate and littering. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council failed to deal with his concerns about littering and overflowing bins in the area he lives. He said it had also failed to take action against his neighbour for fly tipping.
2. Mr X said his garden is frequently full of waste and overflowing bins. He wants the Council to take enforcement action and remove the fly tipped waste. He also wants the Council to compensate him for not responding to his initial complaint, and for the time he spends collecting waste from his garden.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X reported his concerns about overflowing bins in March 2025. The Council did not respond to that complaint till May 2025.
9. In that complaint response, the Council apologised for not acknowledging Mr X’s initial complaint. It accepted the evidence Mr X had provided showed an issue with refuse collection that it needed to address. It confirmed it had:
• Asked its Community Officers to arrange a litter pick.
• Asked Community Services to review the allocation of communal refuse bins including the location of the refuse bins.
• Asked its Resident Engagement Team to arrange an event to review refuse collections in the area.
• Written to its tenants about their responsibilities for waste.
• Asked a Housing Officer to visit a neighbour about fly-tipping.
10. Although Mr X is unhappy with the Council’s response, we will not investigate this complaint. Firstly, the Council has taken steps to address Mr X’s concerns including a litter pick and review of the communal waste bins. Further investigation would not lead to a different outcome.
11. Secondly, we have no jurisdiction to investigate the Council when it is acting as a social landlord. That means, we cannot investigate any action the Council has taken in relation to his neighbour about the fly-tipping. We also cannot consider the Council’s actions such as its decision to write to its tenants about the waste issues.
12. Finally, although Mr X is unhappy about the Council’s complaint handling, it has apologised for this. Further investigation would not lead to a different outcome.

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Final decision

13. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman