Summary: We will not investigate this complaint about the Council’s decision not to provide Mr B with a weekly waste collection service, because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr B says the Council refuses to collect his household waste weekly, even though it contains nappies. Mr B does not have a wheeled bin at his property and must leave his rubbish out in seagull proof sacks. Mr B says the smell, flies and seagulls are all a serious issue.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. I considered guidance issued by the Department for Environment Food & Rural Affairs published 23 July 2021 called ’Waste collection services: guidance for local authorities’

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My assessment

7. Under the Environmental Protection Act 1990 the Council is responsible to arrange for the collection of household waste. There is no law or statutory guidance which specifies what those arrangements should be, and so councils are free to choose their own arrangements.
8. Nappies are classed as non-hazardous clinical waste and can be disposed of as normal household waste.
9. The Council provides a fortnightly collection of household waste. Mr B has asked for a weekly collection because he currently has a child in nappies, and says it is unsanitary to keep this waste for two weeks.
10. The Council has considered Mr B’s request to amend its service but has refused. The Council says it is not financially viable and not logistically feasible. This is a decision the Council is entitled to take, and there is no evidence of fault. I can see no reason for the Ombudsman to question or criticise the Council’s decision even though Mr B disagrees with it.
11. Mr B refers to government guidance for weekly collections. This is non-statutory guidance so does not have legislative status. The Council should give weight to it but does not have to follow it. This guidance does not specify how regularly household waste or Absorbent Hygiene Product waste should be collected, just that it must be regularly maintained.

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Final decision

12. We will not investigate Mr B’s complaint because there is not enough evidence of fault by the Council to justify investigating.

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Investigator's decision on behalf of the Ombudsman