Summary: We will not investigate this complaint about the Council’s decision on where refuse from a block of flats should be presented for collection. There is not enough evidence of fault in the way the Council reached its decision.

The complaint

1. Company X, the freeholder of a residential block of flats, complains the Council is refusing to enter into dialogue about where refuse should be placed for collection.

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The Ombudsman’s role and powers

2. We 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. So, we do not start 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))
3. We can 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

4. I considered information provided by Mr X and the Council, which included their complaint correspondence.
5. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. I appreciate Company X disagrees with the Council’s decision to remove the hired refuse bins, and that residents should instead place refuse bags on the pavement on the day of collection.
7. But, Council’s have broad discretion to decide how it meets its duty to collect household waste, including where/how refuse should be presented, and the Ombudsman is not an appeal body. This means we do not overrule Council decisions or tell it how it should operate its services. Rather, we look at whether there was fault in the way it makes its decisions. If we decide there was no fault in how it did so, we cannot question whether it should have reached a particular decision or say it should have reached a different outcome.
8. With reference to paragraphs 2 and 3 above, I find there is not enough evidence of fault by the Council, in the way it reached its decision, to justify starting an investigation. In reaching this view I am mindful that:
• The Council has considered what Company X said in its complaint correspondence, but it was entitled to reach its own decision on how the refuse should be presented and it has explained its reasons.
• The Council says the pavement width (minimum of 0.97m) adequately accommodates waste bag placement, consistent with rest of the street and other residential blocks.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman