Summary: We will not investigate Mr X’s complaint about residents having too many dustbins or the Council’s dustbin collection crews. Further investigation by us would not lead to a different outcome and there is no evidence of Mr X suffering a significant injustice which would warrant our involvement.

The complaint

1. Mr X complains residents on his street have too many dustbins. He also says dustbin collection crews do not return the dustbins to their properties after collections.
2. Mr X says this has led to the area looking unkempt and has attracted vermin and fly tipping.

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The Ombudsman’s role and powers

3. 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
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In response to Mr X’s complaint, the Council said it would:

• tell its waste contractor to visit the site and remove any excess dustbins;
• remind its dustbin crews to return dustbins to their properties after they have been emptied; and
• write to residents to remind them about how to store their dustbins.

7. These actions appear appropriate and an Ombudsman investigation would not lead to a different outcome.
8. In any case, 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.
9. While I acknowledge Mr X’s frustration with this matter, the available evidence does not suggest he has suffered an injustice which would meet the threshold for our involvement.
10. For the reasons set out in paragraphs seven and nine, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr X’s complaint because further investigation by us would not lead to a different outcome and he has not suffered an injustice meeting the threshold for our involvement.

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Investigator's decision on behalf of the Ombudsman