Summary: We will not investigate Mr X’s complaint about his refuse and recycling bins. This is because there is insufficient evidence of fault and we could not add anything to the Council’s investigation.

The complaint

1. Mr X complained the Council has removed his refuse and recycling bins and is now refusing to return them. He says this is causing him inconvenience and the lack of waste bins has led to an insect infestation in his house. He wants the Council to return his bins and improve its communication.

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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, or

• we could not add to any previous investigation by the organization.

(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. In July 2023, the Council carried out a bin checking exercise in Mr X’s area. This exercise aimed to check residents were putting the correct items in their bins and to provide education and advice to residents who were misusing their bins.
6. During this exercise, the Council found general waste in all Mr X’s bins. It left Mr X a note advising him of the correct bin use and telling him that if he continued to misuse his bins, they would be removed.
7. The Council emptied the general waste from Mr X’s bins. It says it then returned a few days later to complete a further check. It says on this return visit it found Mr X’s bins were empty and so took no further action. Mr X says the Council has removed his bins from his property and wants them returned.
8. We will not investigate this complaint. The Council says it did not remove Mr X’s bins and I have seen no evidence to support Mr X’s view that the Council did so. It is Mr X’s responsibility to keep his bins secure, to prevent them going missing or being misused by third parties. As there is no evidence the Council has removed Mr X’s bins, it is unlikely further investigation would find fault or could add anything to the Council’s investigation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman