Summary: We will not investigate this complaint about the positioning of communal bins serving nearby flats. We cannot investigate complaints about the management of housing by social housing landlords. There is nothing more we could achieve by investigating the matter further.

The complaint

1. Ms X complains the Council has failed to properly manage the positioning of communal bins serving nearby flats. She says rubbish overflows and there is repeated fly-tipping which blocks the footpath. She wants the Council to relocate the bins.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complains about the positioning of the bins and wants them relocated. The bins Ms X complains about serve nearby Council flats. The Council manages the flats as a social housing landlord and has confirmed the bins are on Council estate land. We cannot investigate actions the Council takes in managing the area around the flats.
8. Ms X also says the bins are overflowing, obstructing the footpath and causing fly-tipping.
9. The Council investigated the matter and decided to install CCTV to prevent fly tipping, monitor the area to ensure refuse is kept in the refuse area and arrange regular cleaning.
10. This is a suitable response and there is nothing more we could achieve for Ms X by investigating.
11. If Ms X is unhappy once the Council has completed its actions, she can raise a new complaint with the Council. If she remains dissatisfied after the Council has provided a final response, she may refer the matter back to us and we will consider whether to investigate.

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Final decision

12. We will not investigate Ms X’s complaint. We cannot investigate complaints about the management of housing by social housing landlords. There is nothing more we could achieve by investigating the matter further.

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Investigator's decision on behalf of the Ombudsman