Summary: Mx X complains the Council’s refuse contractor has failed to follow an agreement made to access the housing development where Mx X lives to collect refuse bins. We have ended our investigation into the complaint as we cannot achieve the outcome Mx X is seeking about access arrangements.

The complaint

1. Mx X complains the Council’s refuse contractor I will refer to as Company C has failed to follow the agreement made to access the housing development where Mx X lives to collect refuse bins. Mx X says this allows anti-social behaviour to take place at the development causing distress to residents and Mx X has spent time and trouble pursuing the matter.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• 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. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).

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How I considered this complaint

4. I considered evidence provided by Mx X and the Council as well as relevant law, policy and guidance.
5. Mx X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

6. Mx X lives in a housing development run by a housing association. The housing association and residents installed two gates that can be opened to allow vehicle access into housing development. I will refer to the gates as A and B. There is also a pedestrian gate at the side of the two gates. In December 2024 the housing association and residents had gates A and B permanently locked due to anti-social behaviour by members of the public accessing the housing development. The gates are locked with a magnetic mechanism and opened using a fob to unlock the mechanism.
7. The Council’s refuse collection service is operated by Company C on the Council’s behalf. Mx X says the housing association had an agreement with and gave fobs to the emergency services such as fire and ambulance to open the gates. It also issued a fob to Company C operatives so they could access the development to collect refuse. Mx X says the agreement was that Company C would use the fob to open one gate, wheel the refuse bins out, empty them, put them back and close the gate.
8. Mx X complained to the Council the agreement with Company C had worked well for several months. But then Mx X alleged Company C operatives forced open a second gate, damaged and removed a padlock put in place. Mx X says this leaves the security gates unlocked at times allowing anti-social behaviour to take place at the housing development. And there have been missed collections. Mx X wants the agreement about access to continue as before.
9. The Council responded that the entrance to the housing development has the two main gates A and B with a magnetised lock. It confirmed Company C operatives do not use the pedestrian gate.
10. When the operatives arrive, they use the fob to open gate B to walk in, collect the bins and tip the contents onto the vehicle parked outside. The operatives return the bins back in the development, shut and shake gate B to ensure it is secure and re-magnetized. Gate A has a bolt in the ground and a padlock to secure it which needs a key to open it.
11. The Council says however, gate B also has a bolt that goes into the ground to help secure it shut and if this is in place when the operatives arrive, they are unable to open the gate using the fob unless someone inside the development opens the gate from the inside by lifting up the bolt and allowing the operatives to gain access.
12. The Council says Company C operatives report that as they are opening gate B, they have no need to open gate A and so do not do so. It says this is the only lock Company C operates and the additional lock on gate A has been installed by residents. Due to this it is unable to provide any assistance and any concerns residents have about the arrangement should be raised directly with the housing association who manages the housing development.
13. The Council says it has raised the matter with the housing association as the ongoing issues about the collections being experienced by Company C’s operatives at the housing development have not been resolved. As a result, the Council may ask housing association staff to present the bins on collection day outside the gates. This will help remove unnecessary stress and responsibility from the collection crews who are currently being put in a difficult position by residents and the housing association.

My assessment

14. I appreciate Mx X wishes the gates to remain closed to prevent anti-social behaviour at the housing development. The gates were installed by the housing association and residents with bolts and gate A has an additional padlock. However, if residents bolt the gates, then Company C’s operatives cannot access the site through gate B to collect the bins despite having a fob to open the gate. I do not consider this is through any fault by the Council. It is an issue for the housing association and its residents to resolve and not a matter we can make recommendations about.
15. Therefore, I am ending my investigation into the complaint. This is because we cannot achieve the outcome Mx X is seeking as the access to the site even using a fob is beyond the control of the Council. The commitment the Council has given to liaise with the housing association to get staff to put the bins out is a sensible and pragmatic way forward. And I do not consider any further investigation by us will achieve anything more for Mx X.

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Decision

16. I am ending my investigation into the complaint as we cannot achieve the outcome Mx X is seeking.

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Investigator's decision on behalf of the Ombudsman