Summary: We will not investigate this complaint about the Council’s waste collection policy. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council is not properly following the legal framework set out under section 46 of the Environmental Protection Act 1990 concerning waste collections. He says he does not have any method of disposing of excess waste as the Council refuses to collect waste from a bin not provided by it and it will not provide a second bin unless he undergoes a waste audit which he is not prepared to do.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We 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)
3. 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(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. It is not our role to review the merits of decisions or policies made by councils when they have followed the right steps and considered the relevant evidence and information even if complainants do not agree with them.
7. While legally councils must collect household waste, it is open to each council to decide its own policy on how to do so. They will generally only collect if the waste is in an approved container, often to fit the mechanical lifting equipment on refuse vehicles, and so will not collect from non-authorised containers.
8. Mr X says the Council will not give him a second bin. However, if he wants one, it is open to him to engage with the Council to provide information as to why he needs additional capacity. The Council is following its policy in this regard. If Mr X believes a request for such information is a breach of the data protection laws, he can contact the Information Commissioner’s Office, the body best placed to deal with such claims.
9. Mr X says the Council has not given proper notice under s46 of the 1990 Act which says: “Where a waste collection authority has a duty ….to arrange for the collection of household waste from any premises, the authority may, by notice served on him, require the occupier to place the waste for collection in receptacles of a kind and number specified.” However, if Mr X is unclear about any aspect of the Council’s waste collection service, he can ask it for clarification. I see no grounds which warrant an investigation of this matter by the Ombudsman.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman