Summary: We will not investigate Ms X’s complaint about the location of bins near her property. This is because there is not enough evidence of fault to warrant out involvement.

The complaint

1. Ms X complained the Council did not move nine bin containers inside an enclosed bin store as agreed. She said the smell is unbearable. She wants the Council to move the bins into the storage area.

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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

(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X said the Council did not move bin containers into enclosed storage as it agreed in response to her request.
6. In its complaint response the Council explained the bin shed had a fire meaning it was unsafe to use. It said the shed was not cost effective to repair. Although Ms X disagrees with the Council’s decision not to repair the shed, there is not enough evidence of fault to warrant our involvement.
7. In addition, our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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Final decision

8. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman