The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council failing to maintain the area outside her flat where it placed recycling bins. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.
The complaint
Miss X complains the Council put recycling bins outside the entrance to her flat and then failed to maintain the area despite the risk of fire and health risks. Miss X says there was repeated flytipping and the waste team kept pushing the bins up to her gate.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a Council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about this matter in April 2024. The Council responded at stage one of its complaints procedure also in April 2024. Miss X did not escalate her complaint to stage two of the Council’s complaints procedure.
We will not investigate this complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Miss X has clearly been aware of this matter for well over 12 months and I see no good grounds to exercise discretion to consider this late complaint now.
Final decision
We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to consider it now.
Investigator's decision on behalf of the Ombudsman