Summary: We will not investigate this complaint about failing to enforce the removal of bins on the public highway. It is unlikely we would find enough evidence of fault. Enforcement is discretionary so we cannot say the Council must take formal action, even though the complainant thinks it should.

The complaint

1. Ms B says the Council failed to take enforcement action over bins blocking the highway. Ms B has mobility issues, so it is difficult stepping out into the road to get around the bins. Ms B also says the bins are unsightly in a conservation area. Ms B wants the Council to enforce the removal of the 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 injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

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

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. The Council is responsible to collect household waste and recycling. The Council provides bins for this purpose, which should be stored within the boundary of the resident’s property. If the resident does not have space to store a bin, they can request bags instead.
7. Ms B raises concerns of many residents and businesses storing their bins on the public highway, causing disruption. The Council has investigated Ms B’s concerns and taken informal action, such as engagement and education. The Council has added a section to its website so people can easily report bins on the highway. However, the Council has decided it is not proportionate at this stage to take formal action. The Council can serve notices and issue fines. However, such enforcement action is discretionary. This means the Council can decide whether it should take any action; the Ombudsman cannot tell it that it must.
8. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has investigated and taken the right steps in considering relevant information and evidence. I understand Ms B disagrees and is concerned by bins on public highways. However, this is not evidence of fault in the Council’s decision or the way it has investigated.
9. We do not investigate all complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints. Even if there was fault in the Council’s actions, we would not investigate this complaint. We accept it is more difficult for Ms B to manoeuvre around bins blocking paths, because of her mobility issues. However, this is not significant enough to justify an Ombudsman investigation. Especially where we cannot achieve the outcome Ms B wants.

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Final decision

10. We will not investigate Ms B’s complaint because it is unlikely we would find enough evidence of fault in the Council’s decision making.

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Investigator's decision on behalf of the Ombudsman