Summary: We will not investigate Mr X’s complaint about provision of waste bins because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s refusal to provide additional waste bins for individual residents. He says the current communal bins are insufficient for six flats and they are always full before collection.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the existing communal bins at his block of flats are inadequate for the residents’ use and are always full before they are emptied. He wants the Council to provide individual bins in addition.
6. The Council told him that there is currently a weekly collection and capacity of 180 litres of waste per flat which is sufficient. It told him it would monitor the collections to identify if any non-resident waste or fly-tipping was taking place. It will not provide additional waste receptacles.
7. The Council is the waste collection authority, and it can decide what means of waste collection is suitable for a particular site. This includes the number and type of bins and where they are located and how often they are emptied.
8. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process.

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Final decision

9. We will not investigate Mr X’s complaint about provision of waste bins because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman