The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to relocate a public waste bin. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council moved a public waste bin and this has had a negative impact on his family. Mr X wants the Council to move the bin to a different location.
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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X. This includes the complaint correspondence. I also looked at images of the street and considered our Assessment Code.
My assessment
The Council decided to re-position a public waste bin. It placed the bin adjacent to Mr X’s garden.
Mr X complained about the new position and explained how the bin was having a negative impact on the health of a family member. Mr X referred to noise from the bin lid and smells.
In response the Council explained why it had moved the bin. It explained it must balance the needs of residents and dog walkers, with those of Mr X and his family. To mitigate any impact the Council checked the bin lid to make sure it is in a good condition as that would minimise any noise. The Council said it would empty the bin each week and arrange monthly cleaning to reduce any smells. The Council also said it would record the bin as a priority bin so there would be a prompt response to any reported problems.
I will not start an investigation because there is insufficient evidence of fault by the Council. I acknowledge Mr X is unhappy with the new location, and he has explained the health implications, but the Council has responded appropriately by explaining why it has chosen the new location and the steps it will take to minimise any impact. There is no suggestion of fault in the explanation or the response.
I appreciate Mr X disagrees with the response. However, we are not an appeal body and it is not our role to decide if a council decision is right or wrong, or to tell a council where it should place bins. I can only consider if there was fault in the way a council reaches a decision, or responds, and there is nothing to suggest we need to start an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman