Summary: We will not investigate Mr X’s complaint about the Council charging him for a bulky waste collection. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council illegally charged him for a bulky waste collection.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X booked a bulky waste collection from the Council, for five sacks of household waste, which cost £30. This is an optional, additional service the Council provides for removal of large and bulky household items. The Council completed the collection.
7. Mr X then complained the Council had illegally charged him for the collection of household waste.
8. The Council did not uphold Mr X’s complaint. It said the collection was completed in line with the service Mr X booked and as such no refund was due.
9. Mr X says it is unlawful, under the Environment Protection Act 1990, for councils to charge for the collection of household waste. S45(3) of the Act states: “no charge shall be made for the collection of household waste except in cases prescribed in regulations.”
10. Paragraph 4 of Schedule 1 to the Controlled Waste (England and Wales) Regulations 2012, as amended, provides for these exceptions. It includes (among other things) collection of waste that weighs more than 25kg or that cannot fit into the bin provided. This is a bulky waste collection.
11. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to require an investigation. Councils are able to charge for bulky waste collections in line with the regulations. This is an optional service the Council provides in addition to its standard waste collection service. It charged Mr X in line with its published terms and conditions for bulky waste collections which states the charge for up to 5 items is £30.

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Final decision

12. We will not investigate Mr X’s complaint because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman