Summary: We will not investigate this complaint about that the Council has refused to provide the complainant with a large bin. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, who I will call Mr X, complains that the Council has refused to provide him with a larger rubbish bin. He says that there are households in his street with large bins that have smaller households that his.

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The Ombudsman’s role and powers

2. We 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. The law says the Council can decide the size of bins it provides. The Council’s policy allows households of more than six people to apply for larger bins.
6. The Council told Mr X that he would be ineligible for a larger bin because he only lives in a household of five people.
7. I will not investigate Mr X’s complaint. The Council refused Mr X’s request for a larger bin in accordance with its policy, because his household does not meet the criteria.
8. Whilst it may be true that other families on Mr X’s street have obtained bins outside of this policy, this does not mean the Council should disregard the policy now.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman