Summary: The Ombudsman will not investigate Mr X’s complaint about changes to his household recycling collection service. This is because there is not enough evidence of fault by the Council to warrant an investigation by the Ombudsman.

The complaint

1. The complainant, whom I shall call Mr X, complains about changes to his household recycling collection service. Mr X says he does not have room for the two new wheelie bins the Council has supplied.

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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, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

3. 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

4. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

5. In 2019 the Council made changes to its household recycling collection service. The changes meant the Council gave Mr X two wheelie bins to replace the boxes it had previously issued him with. Mr X has complained to the Council about the changes. He says he does not have enough room in front of his house to store the two new bins, along with two others the Council has already supplied.
6. In its responses to Mr X’s complaints the Council has said:
• It introduced the change due to reduced funding and the new arrangements should lead to less litter.
• The new arrangements will lead to increased capacity and hopefully more recycling. They will lead to less noise when emptied as glass will be mixed with plastic in the same bin.
• Certain properties were exempt from the new arrangements. This included those with less than 2m x 1.5m to store bins, or where the property was accessed by more than five steps. Mr X’s house did not meet any of the criteria.
• It was not safe to empty boxes into the vehicles the Council used to empty wheelie bins – so it could not reintroduce them.
• There are various ways Mr X could place the bins at the front of the property. The Council also offered to provide a smaller household waste bin to help ease storage issues.
7. The role of the Ombudsman is not to tell councils how to operate services such as household waste recycling schemes. These are decisions for council officers and elected members.
8. Information on the Council’s website shows it consulted widely on changes to its waste recycling collection service. As well as seeking the views of the relevant Overview and Scrutiny Committee, and the Council’s waste focus group, there was a public consultation which received over 4,000 responses. The Council’s Cabinet considered a report which put forward different options and elected members decided to introduce the current arrangements. This is a decision they were entitled to take.
9. I understand Mr X is unhappy with the new arrangements. But under the Environmental Protection Act, it is for councils to decide on their arrangements for collecting recycling and household waste. This includes the frequency of collections and the receptacles to be used. The Council has explained to Mr X the rationale behind its change in policy and it has suggested possible solutions – although I accept Mr X does not consider them to be viable.
10. Based on the evidence available there is not enough evidence of fault in how the Council decided the new arrangements, or in how they have been implemented. An investigation by the Ombudsman is not therefore appropriate.

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Final decision

11. The Ombudsman will not investigate Mr X’s complaint. This is because there is not enough evidence of fault by the Council to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman