Summary: We will not investigate this complaint about nuisance from waste bins. This is because the injustice caused is not enough to justify our involvement. We are satisfied with the actions the Council took in response to the complaint, to apologise, remind staff not to leave bins blocking access, and to monitor staff. It is unlikely an Ombudsman investigation would add anything further.

The complaint

1. Mr B said the Council leaves other people’s bins outside his property. They block his access, they smell, they damage his wall and he must keep moving them. It has caused arguments and worsened his health. It is costing him to keep repainting walls. Mr B says his family cannot always enjoy their garden because of the smell from the bins. Mr B wants the Council to stop leaving the empty bins outside his house, and to return them to their owners. Mr B believes he should receive a payment to acknowledge his time, his costs, and the impact on his enjoyment of his home.

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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. While I appreciate Mr B’s upset and frustration, this is not enough to justify our resource to investigate. The Council has explained it is difficult for the refuse vehicle to access Mr B’s street, so residents are leaving the bins at one accessible spot and the Council returns them there. Unfortunately, this is outside Mr B’s home, but we cannot say that is fault of the Council. Council staff should not leave bins blocking Mr B’s access. The Council has apologised to Mr B, reminded staff about this, and said would monitor the actions of the bin crew. This is an appropriate response to Mr B’s concerns, and it is unlikely an Ombudsman investigation would add anything further. If residents leave bins blocking Mr B’s access, that is outside the Council’s control.

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Final decision

8. We will not investigate Mr B’s complaint because Mr B’s injustice is not enough to justify our involvement. We are satisfied with the actions the Council took in response to Mr B’s complaint, and it is unlikely an Ombudsman investigation would lead to a different outcome. If staff leave the bins blocking Mr B’s access despite the reminder and monitoring, Mr B should report it as a new complaint to the Council so it can consider any other possible action.

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Investigator's decision on behalf of the Ombudsman