Summary: We will not investigate this complaint about the positioning of recycling bins and food waste recycling. We cannot investigate complaints about the management of housing by social housing landlords.

The complaint

1. Mr X complains the Council has failed to properly manage the positioning of communal recycling bins creating a fire risk. He also says the Council has failed to remove a food waste recycling bin as agreed and to manage fly-tipping around the communal 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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains about the positioning of recycling bins and wants them relocated. He says the Council has failed to collect the food waste recycling bin as promised. He also says fly-tipping has prevented some bins from being emptied because rubbish has been dumped in the bin area.
8. Mr X complained to the Council. The Council explained it was the Housing Team’s responsibility to arrange removal of the food waste container.
9. The Council manages the flats as a social housing landlord. We cannot investigate actions it takes in managing the area around the properties. Therefore, we cannot investigate this complaint.

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Final decision

10. We will not investigate Mr X’s complaint. We cannot investigate complaints about the management of housing by social housing landlords. 

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Investigator's decision on behalf of the Ombudsman