Summary: We will not investigate Mr X’s complaint about bin issues. This is because the Council has already taken suitable action in response to Mr X’s complaint and so it does not warrant a further investigation by this office. There is nothing further we would add or recommend.

The complaint

1. Mr X complains about issues with the communal bin storage area at his property. He said the bin area was exposed, leading to vermin, flies and a foul smell. One of the three communal bins was missing and another was missing its lid.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• we are satisfied with the actions an organisation has taken or proposes to take.

(Local Government Act 1974, section 24A(6), and (7) as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about the issues set out in paragraph one, above. He told the Council he had been trying to resolve the matter with his landlord without success and asked the Council to resolve it.
7. In response, the Council upheld Mr X’s complaint and apologised for the issues raised in the complaint. It explained it had raised a request for an officer to attend the site to assess it. However, the request was incorrectly assigned which meant it was not followed up as expected. It apologised to Mr X for this. It said that in order to resolve the matter it would replace the missing bin and bin lid and add the property to its monitoring list to review the placement and condition of the bin area.
8. We will not investigate this complaint. This is because the Council has already taken suitable action to resolve the issues raised in the complaint via its own investigation of the matter. There is nothing further we would add or recommend and so it does not warrant a further investigation by this office.

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Final decision

9. We will not investigate Mr X’s complaint because the Council has already taken suitable action to resolve the matter via its own previous investigation and there is nothing further we would add or recommend were we to also investigate.

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Investigator's decision on behalf of the Ombudsman