Bury Metropolitan Borough Council (25 023 049)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 12 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s response to her complaint about local residents leaving their wheelie bins on a car park in front of her property. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
- Ms X complains about the Council’s response to her complaint about local residents leaving their wheelie bins on a car park in front of her property. Ms X says she feels the Council is using a technicality in order to avoid taking enforcement action on the matter.
The Ombudsman’s role and powers
- 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 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council about local residents leaving their wheelie bins on the car park in front of her home.
- The Council initially sent a letter to residents which referred to possible enforcement action on the matter. It subsequently found the land in question is privately owned and not under the Council’s control. This means it has no powers to take enforcement action on the matter. It informed Ms X of this.
- We will not investigate Ms X’s complaint. This is because, whilst I note Ms X is dissatisfied with the Council’s response there is no sign of fault by the Council here. It has clearly explained why it cannot take enforcement action on this matter. It has no enforcement duty and no powers to take enforcement action. It does not own the land; it is not responsible for maintaining it and it cannot take enforcement action on the matter.
Final decision
- We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.
Investigator's decision on behalf of the Ombudsman