Summary: We will not investigate this complaint about waste collection. We are satisfied with the actions the Council proposes to take, and the injustice is not significant enough to justify our further involvement.

The complaint

1. Ms B says the Council has failed to resolve a dispute about where residents leave waste bins for collection, and how long they leave them there. Ms B worries the area outside her house is unsafe, unclean and a hazard to her disabled son. Ms B says the issues with the bin collections has caused a neighbour dispute. This causes distress and anxiety, and Ms B cannot enjoy her home. Ms B wants the Council to resolve the problem with the waste 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:

• 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.

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

3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. 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.
7. The Council has delayed progressing a decision on the bin collection point, and this adds to Ms B’s frustration and ongoing worry about cleanliness and safety. However, this is not significant enough to justify an Ombudsman investigation.
8. The Council says it will review this case by the end of May and communicate with residents by the end of June. It is unlikely an Ombudsman investigation will achieve anything more.

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Final decision

9. We will not investigate Ms B’s complaint because although the Council has delayed matters, it has now given timescales for action. We are satisfied with the actions the Council is now taking, and it is unlikely we would achieve anything further. Ms B’s injustice is not significant enough to justify the Ombudsman’s further involvement.

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Investigator's decision on behalf of the Ombudsman