Summary: We will not investigate this complaint that the Council is failing to empty the complainant’s recycling and general waste bins. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are satisfied with the actions the Council has already taken or proposed to take to address the issues raised by the complaint.

The complaint

1. The complainant, whom I refer to as Mr X, says his recycling bin is not emptied on every other collection, and that this has been happening for 10-months. He also says that on some occasions only half the bags/items are removed from his recycling and general waste bins.
2. Mr X says he has nowhere to store the excess rubbish between collections, and thinks this is a health and safety, and environmental hazard. He says he will not pay his council tax until something is done about the problem.

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The Ombudsman’s role and powers

3. The Ombudsman can investigate 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 an investigation if we decide:
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we are satisfied with the actions a council has taken or proposes to take.

(Local Government Act 1974, section 24A(6) & (7))

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How I considered this complaint

4. I considered:
• information provided by Mr X, and his comments on an earlier decision statement for this complaint.
• the Council’s complaint responses.
• information from the Council in response to my enquiries.
• the Ombudsman’s Assessment Code.

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My assessment

5. The Council has explained its operatives will visually inspect the top contents of the bin, and they will make a decision whether a bin is contaminated and should not be emptied. Its records for Mr X’s collections show the recycling bin has previously been contaminated with food waste, textiles, greasy takeaway packaging, and electrical items. And with regard to the general waste bin, there have been occasions when the bin the contents were compacted, or there was excess side waste.
6. It suggests that Mr X’s recycling bin might not be collected one week when contamination items are visible, yet it is collected on the next scheduled day because those items are no longer visible underneath the waste which has subsequently been placed on top.
7. Mr X disputes this, and has provided a photograph of the contents of his recycling bin which he says was not emptied one week, but was then emptied on the next scheduled collection even though the same items were still at the top. The Council has confirmed to me that the cellophane and takeaway packaging shown in the photo are contamination items, and would explain why the bin was not initially collected. Whilst this does not explain why the bin was then emptied on the next collection day, it occurs to me that sometimes the operatives may simply not notice contamination items within a bin and so empty it, even though those same items had resulted in the bin not being emptied on the previous collection date.
8. The Council also says it has no recorded information to explain why only half the bags/items in Mr X’s recycling and general waste bins have been taken on some occasions. In general, it says the bins are designed to take around three to four bags, so heavily compacted bins can make it difficult for waste to fall from the bins. If there are capacity issues, it says Mr X may be eligible for a larger general waste bin, and he can check his eligibility on its website.
9. Clearly, the Ombudsman cannot now go back to verify why the recycling bin has been emptied some weeks, despite contamination items being identified during the previous collection, or why his bins have sometimes only been half emptied. So, an investigation by the Ombudsman is unlikely to add anything to the information already provided by the Council and Mr X, or be able to establish the extent of any fault by the Council.
10. I am, however, satisfied that the action the Council has taken, or agreed to take, is a reasonable way to address the complaint moving forward. In particular:
• The Council has signposted Mr X to information on its website about what items should and should not go in his recycling bin.
• In response to my enquiries, the Council offered to visit Mr X to undertake a waste audit assessment and provide further clarification on what goes in each bin. It conducted an audit 3 July, and found the recycling bin was heavily contaminated with takeaway containers. It posted an information leaflet to Mr X, and says it will return in two weeks to review the situation.
• The Council has also agreed to undertake a 4-week period of monitoring, to ensure collections are carried out in accordance with its policies.
• The Council has also apologised for a technical issue which delayed the Stage 1 complaint response being sent to Mr X.
11. With reference to paragraphs 3, 9 and 10 above, the Ombudsman will therefore not investigate Mr X’s complaint.
12. I should also explain that council tax is a local taxation rather than a service charge and, as such, payment does not entitle a resident to receive any particular services the Council may provide. It would therefore be unwise for Mr X to stop paying his council tax, as this would leave him susceptible to enforcement action.

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Final decision

13. We will not investigate Mr X’s complaint because we are satisfied with the actions the Council has already taken or proposed to take to address his concerns moving forward.

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Investigator's decision on behalf of the Ombudsman