Summary: The Ombudsman will not investigate this complaint about the way the Council collect household waste. This is because he is unlikely to determine fault by the Council and he cannot question the merits of a decision in the absence of fault.

The complaint

1. The complainant, who I refer to as Mr Z, is making a complaint about the Council switching from a bin to bag refuse and recycling service. He explains that this has led to increased fly tipping in the area and a less tidy neighbourhood.
2. Mr Z feels he should have been consulted and wants the bin refuse and recycling service reinstated.

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The Ombudsman’s role and powers

3. 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
• the fault has not caused injustice to the person who complained

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

4. 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. (Local Government Act 1974, section 34(3), as amended).

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How I considered this complaint

5. I have reviewed Mr Z’s complaint to the Ombudsman and Council. I have also had regard to the responses of the Council and applicable legislation. Mr Z also received an opportunity to comment on a draft of my decision.

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What I found

Background

6. The Council has a legal duty to collect household and recyclable waste. This is set out in the Environmental Protection Act 1990 (sections 45(1) and 45A). It is for the Council to decide how and when it will collect waste.

What happened

7. In August 2019, the Council switched from a bin to bag refuse and recycling collection service in Mr Z’s neighborhood.
8. In April 2020, Mr Z complained to the Council that the change had resulted in animals tearing refuse and recycling bags for collection and leaving waste on the pavements. Further, he said the policy change was causing an increase in fly tipping in the area, including large bulky items (such as sofas and fridges).
9. In May 2020, the Council responded to Mr Z advising that it initiated the policy change as it felt bag collection was a more effective way of collecting waste from a very busy main arterial road, and in addition would reduce the traffic build up in the area which it said was a consequence of bin collections. In addition, the Council said there was no correlation between bag collections and bulky item fly tipping. It did however give instructions to Mr Z on how to report such matters should he experience this in the future. However, Mr Z remained dissatisfied with the Council’s position and escalated his complaint. He also cited the Council offered no consultation before implementing the policy change.
10. In July 2020, the Council issued its final response to Mr Z informing that it did engage in a consultation with residents prior to the changes and that it was in compliance with its legal duty to collect waste. Further, it reiterated its response to Mr Z as to reporting fly tipping in the area and explained it did not feel there had been an escalation in terms of the area being untidy.

Assessment

11. The Council has a legal duty to collect household waste and I cannot question the merits of a decision in terms of how it complies with that obligation in the absence of fault. The Council has given reasoning as to the change in its policy and has offered support to Mr Z in terms of reporting any consequences of illegal fly tipping. On this basis, I am unlikely to take the view that there has been fault in the decision taken by the Council as it is entitled to direct its own policy providing it complies with the law.
12. In any event, in each case I must assess whether the complainant has suffered a personal and significant injustice. This means I must ascertain whether Mr Z has suffered serious financial loss, harm or distress because of any fault by the Council. In my view, the change in policy by the Council is unlikely to have resulted in a significant and personal injustice to warrant an investigation.

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Final decision

13. The Ombudsman will not investigate this complaint. This is because he is unlikely to determine fault by the Council and he cannot question the merits of a decision in the absence of fault.

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Investigator's decision on behalf of the Ombudsman