Summary: We will not investigate this complaint about the Council’s decision the complainant must use wheelie bins. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council issued him with three wheelie bins without considering if he has room to store them. Mr X wants to use bags or for the Council to allow him to store the bins on the path outside his home.

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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 photographs Mr X sent to the Council. I also considered our Assessment Code.

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My assessment

4. In 2023 the Council introduced three new wheelie bins for street level properties (mainly houses or houses converted into flats). The Council did a survey to determine which properties were suitable for bins. The Council decided that properties with no or limited space or access would not be provided with bins.
5. The Council decided Mr X’s home is suitable for bins. Mr X disagreed. In response to his complaint the Council visited and re-assessed if his property has room to store bins. It decided there is enough room; it explained he could store the bins in the back garden which has a gate. The Council said he cannot store the bins on the path because residents are required to keep the bins within the property boundary. The Council said he could apply for assisted collection if he has a health condition which means he cannot move the bins.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. The law allows councils to decide what type of container people must use for their waste. The Council has decided that properties with sufficient space are required to use bins. It has assessed Mr X’s property, which has a front and back garden, and decided he does have the space. I have considered the photographs Mr X sent to the Council and I see no suggestion of fault in the way the Council reached this decision.
7. I appreciate Mr X disagrees with the decision but we are not an appeal body; I have no power to tell the Council it must allow Mr X to use bags or allow him to store the bins on the path. We can only intervene if there is fault in the way the Council makes a decision and I see no suggestion of fault.

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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