Summary: We will not investigate this complaint that the Council gave the complainant a 180 litre bin. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council replaced his 240 litre bin with a 180 litre bin. Mr X wants a larger bin or a reduction in his council tax.

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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 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 Mr X and the Council. This includes the complaint correspondence and the bin policy. I also considered our Assessment Code.

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My assessment

4. The policy says the Council will provide a 180 litre bin for refuse. People who meet certain rules, for example large households, can apply for a larger bin. The law says councils can decide the size of bins residents must use.
5. Mr X complained after the Council replaced his damaged 240 litre bin with a 180 litre bin. Mr X says the 180 litre bin falls over in the wind and is not fit for purpose. He says it represents a reduction in service and the Council should either give him a 240 litre bin or reduce his council tax. Mr X says he is being treated unfairly because other residents have 240 litre bins.
6. The Council explained that in 2020 it decided the standard bin size for refuse would be 180 litres. It said this is an appropriate size and the size the Council provides, unless the household meets the conditions for a larger bin. It said the bins for other residents will gradually be replaced with bins that meet the service standard. The Council said council tax is a contribution towards all services and it cannot provide a refund or reduction.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says it will provide 180 litre bins unless a household qualifies for a larger bin as set out in the policy. If Mr X thinks he meets the requirements for a larger bin he can apply to the Council and demonstrate he meets the requirements. The Council said it will provide 180 litre bins to other residents as their bins need replacing. The Council correctly explained that the law allows councils to specify the size of container and correctly said it cannot reduce Mr X’s council tax. The Council’s actions are consistent with the policy and legislation so there is no reason to start an investigation. We do not act as an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman