Summary: Mrs X complained about the Council’s failure to offer a bagged collection for garden waste where there is no space for a wheeled bin. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council insisting that she has a wheeled bin for garden waste collection if she wishes to use the service. She says that there is insufficient room at her home due to a sloping driveway and wants the Council to collect the waste in bags instead.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mrs X submitted with her complaint.

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What I found

4. Mrs X wants to use the Council’s garden waste collection service because her garden has a lot of shrubs which create waste. The Council says she will need a wheeled bin for collection of garden waste if she wants to pay for the service. She says that there is not sufficient room on her property for a third bin due to the sloping driveway. The Council insists that there is enough room.
5. The garden waste service is a discretionary paid-for service and the Council has no statutory duty to provide it. The Council assesses whether a property has sufficient space in front or rear gardens for storing a bin. If it considers there is enough space, then bins are required to minimise the use of plastic bags.
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. In this case the Council has explained the requirements of the garden waste collection service and what she would need to pay.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman