The Ombudsman's final decision
Summary: Mr X complains about the placement of waste containers near his property. We will not investigate this complaint because there is no injustice caused to him following administrative fault by the Council.
The complaint
Mr X complains about the placement of waste containers near his property.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on my draft decision.
My assessment
Mr X bought a property which forms part of a large residential development. The Council says that they erred in failing to establish with the developer the position of a bin storage collection area.
The Council has now decided that the most appropriate area would be opposite Mr X’s house. Mr X says that this will spoil his view and will be unsightly.
The Ombudsman must decide whether the error made by the Council would have led to a different outcome. In this case the Council says that their refuse vehicles could not access the development area as the roads are unadopted and may be damaged by the large vehicles. The Council concluded therefore that a collection point for all properties opposite the entrance was the most appropriate for access by vehicles and residents.
Whilst there was fault by the Council in the original consideration of the planning application (which the Council says they have addressed to avoid future errors) I am not persuaded that the bin collection point would have been different to that which has been selected. Therefore there is no injustice following fault by the Council.
Final decision
I do not intend to investigate this complaint because there is no injustice caused by the Council’s fault.
Investigator's decision on behalf of the Ombudsman