Summary: We will not investigate this complaint that the Council has refused the complainant’s request for an extra rubbish bin. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains about the Council’s decision not to give him an extra rubbish bin. He says the current provision is insufficient. Mr X wants the Council to provide another bin which he is willing to pay for.

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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 information from the Council about the additional bin criteria. I also considered our Assessment Code.

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My assessment

4. The Council’s standard waste bin provision is a single 180 litre bin which the Council empties every two weeks.
5. The Council may provide an extra bin to households of six or more people or households where there is a child under three in nappies or a household which has clinical waste.
6. Mr X applied for an extra bin. The Council refused his request because his household does not meet the criteria for an extra bin.
7. Mr X disagrees with the decision and says the allocated bin is not large enough for a family of five. He says that, despite trying, he cannot reduce the waste to fit in one bin and he has excess waste stored in his garage. Mr X has not said anything to suggest he meets the criteria for another bin.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the Council’s decision reflects the policy so there is no reason to start an investigation. We are not an appeal body and we could not ask the Council to provide another bin when that would be contrary to the policy.
9. I appreciate Mr X may disagree with the policy to have a single bin provision but it is for the Council, not us, to decide how to operate the refuse service or decide the extra bin criteria. Mr X could raise this as an issue with his local councillors if he thinks the Council should change the policy. It would be for the Council to decide whether to make any changes.

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Final decision

10. 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