Summary: We will not investigate this complaint about the Council’s decision to remove domestic bins from Ms X’s local area. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Ms X complained about the Council’s decision to remove two domestic bins in her local area. She said elderly residents needed them as they could not use the other bins.

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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.

(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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained that the Council’s decision to remove two bins in the local area would disadvantage the elderly residents as they could not use the other bins due to accessibility issues.
6. The Council apologised for the inconvenience but explained that the bins were unauthorised and would be removed. The Council said the elderly residents could request assistance from the Council if they were unable to access the bins that were left.
7. Ms X remains unhappy with the situation and wants us to find it at fault. The Council has explained why it is removing the bins and signposted Ms X to options available to residents with mobility problems. There is no evidence of fault in the Council’s actions; the Council is entitled to remove the bins as they are council property.

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Final decision

8. We will not investigate Ms X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman