Summary: We will not investigate Mr X’s complaint about bins and waste left out on his street. This is because the Council acted in line with its waste management policy and it is unlikely further investigation would achieve a different outcome.

The complaint

1. Mr X complains the Council failed to properly respond to his reports of bins and waste left out on his street. He says this caused him stress.

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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:

• we could not add to any previous investigation by the organisation, or
• 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

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X made several reports regarding bins and waste left in the street in 2024 and raised a complaint about the Council’s failure to deal with his reports in October. The Council acknowledges it did not allocate an officer straight away on one occasion, which meant Mr X had to report the matter three times. But this did not change the outcome of the report and did not cause Mr X significant injustice.
6. The Council’s policy is to educate residents about waste and recycling before taking enforcement action. In accordance with its policy, the Council acted on Mr X’s reports by giving advice and issuing warning letters where appropriate. I am satisfied this was a proportionate response and in accordance with its policy.
7. Mr X complained again in early 2025 that the Council had not done enough to deal with his further reports of bins and rubbish in the street. The Council explained it had considered these reports and acted by returning bins, speaking with residents, referring matters to the Highway Team, and sending letters to residents.
8. I am satisfied the Council considered and acted on Mr X’s reports in accordance with its policy. It would not be proportionate to expect the Council to move straight to enforcement action when its policy is to educate residents and issue warnings first. It is therefore unlikely further investigation would achieve a different outcome for Mr X.
9. If the issues continue, Mr X can make further reports to the Council and it will consider what action to take. If Mr X believes the council has not followed its policy in dealing with any new reports, he can make a new complaint.
10. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

Final decision

11. We will not investigate Mr X’s complaint because the Council is following its waste management policy. We cannot say the Council must take formal action against its policy and further investigation is therefore unlikely to achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman