Summary: We will not investigate this complaint about the location of a communal bin station and the Council’s response to Mr X’s service requests. This is because one of element of the complaint is late and there are no good reasons to exercise discretion to investigate it now. For the remaining issue, there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complained about the Council’s placement of a communal bin station. He said the Council did not consult him.
2. Mr X also complained the condition of the bins are hazardous and said the Council did not respond to his service requests. He said he and other residents have to maintain the area and it has caused distress to him and his family. He wants the Council to move the bins to a different location.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X said he was unhappy with the Council’s placement of communal bins and that it did not involve him in the consultation process in 2020. We expect a person to complain to us within 12 months of being aware of a matter and Mr X did not complain to us until 2025. Therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
9. Mr X also complained the Council did not respond to his service requests regarding the condition of the bins. In its complaint response the Council said it introduced the bins due to poor waste management in the area. It explained that all streets in the block of houses had the same number of bins placed at similar intervals.
10. The Council said it introduced a new Environmental Enforcement team, explained the cleaning regime in place and said it issued letters to houses explaining good waste management practice.
11. We will not investigate this complaint. The Council’s bin maintenance records show the bins are emptied twice weekly, barrow walker cleans are regularly scheduled and deep cleans are in place. Records show the Council logged and responded to Mr X’s service requests appropriately. There is not enough evidence of fault to warrant the Ombudsman’s involvement.

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Final decision

12. We will not investigate Mr X’s complaint because the complaint is late and for the remaining issue, there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman