Summary: We will not investigate this complaint about the Council’s decision that the complainant’s property should have wheelie bins. This is because there is insufficient evidence of fault.

The complaint

1. The complainant, who I will call Mr X, complains about the Council’s decision that his property has been assessed as requiring shared wheelie bins. Mr X says he does not have room and would like to be able to use sacks to dispose of his waste.

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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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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 Council has rolled out wheelie bins to almost all homes in the area. Homes that are assessed to have insufficient room for the wheelie bins are allowed to dispose of their waste using sacks.
6. The Council assessed that Mr X’s home should have wheelie bins shared with neighbours. Mr X complained and so the Council reassessed its decision considering the issues raised by Mr X and the information considered during the original assessment. It again concluded that shared wheelie bins should be issued.
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. The Council has carried out two assessments of Mr X’s property, taking into consideration relevant information. There is no evidence of fault in how it reached its conclusion that wheelie bins should be issued to his home. The Ombudsman cannot question the merits of a decision that reached was reached without fault. Whilst Mr X may strongly disagree, this does not mean the Council has done anything wrong.

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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