Summary: Ms X complained the Council provided her with a sack for her waste collection rather than a wheelie bin which she finds inconvenient to use. We have found no evidence of fault in the way the Council considered these matters.

The complaint

1. Ms X complained the Council provided her with a sack for her waste collection which she finds inconvenient to use. Ms X said the Council refused her request to provide her with a wheelie bin as an alternative.
2. Ms X says the matter has caused her frustration.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance. I spoke to Ms X about her complaint on the telephone.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Background to the complaint

7. The Council introduced a new weekly food waste and fortnightly rubbish collection across Cornwall. The new collection was rolled out across Cornwall area by area from 2023 to 2025. With the new collection service, the Council gave each household a new 180 litre wheelie bin or a seagull proof sack suitable for their household. The Council advised it was a new collection service and would no longer collect from bins provided by former councils. The Council said it was allowed to introduce these changes under Section 46 of the Environmental Protection Act 1990.
8. The Council’s website explains it assessed the outside of all properties on the waste collection rounds and allocated most a 180-litre wheelie bin for rubbish. It has allocated a small number of properties with a180-litre reusable protective sack instead because they:
• are unable to store a bin
• have more than two steps leading to a property, or
• collection vehicle with bin lift unable to service property.
9. Once the bin or sack arrives and a resident does not consider it will work for their property, they can apply for a review of the assessment of the property. The Council will then consider exchanging it under certain circumstances.

What happened

10. The Council rolled out the new collection in Ms X’s area in 2024. It assessed Ms X’s property as needing a waste collection sack. This was because it considered the properties in Ms X’s road were unsuitable for wheelie bins. This was due to it being narrow with the front doors of properties opening out onto a pavement. Ms X submitted a review of the assessment of her property. Ms X considered that due to a type of refuse she disposed of the sack became heavy to move. Ms X said a few properties on the road had rear access including hers. So, she had previously left her bin on an access road at the rear of her property for collection as the access road was wide enough for a refuse lorry to use.
11. The Council considered Ms X’s review request on two occasions. It noted the criteria for a wheelie bin now had three requirements including whether there was space to store the bin at the front of the property. The Council consider that in Ms X’s road a wheelie bin would need to be stored permanently on the pavement so had provided a sack instead. Although Ms X had received waste collections from the access road at the rear of the property it would now take place from the front of the property. The Council said it had correctly allocated waste collection sack for her property. And did not uphold her appeal.
12. Ms X remains unhappy with the Council’s decision she should have a waste collection sack at her property. Ms X considers a wheelie bin and collection from the rear of her property as before the new collection service would be more convenient for her.

My assessment

13. The documents provided show the Council has a policy which explains how it assesses whether a property should use a wheelie bin or waste collection sack. Residents can apply for a reassessment if they are unhappy with the assessed arrangements.
14. Ms X has been able to submit a request for a reassessment of the Council’s decision she should use a sack which is according to the Council’s policy. On reassessment the Council remained of the view Ms X’s property does not meet the criteria for a wheelie bin under its new collection service. This is due to the characteristics of the road Ms X lives on. While the Council has noted Ms X has rear access and the previous collection arrangements, the collections will now be from the front of her property.
15. While Ms X may be unhappy at the change of collection arrangement the Council has the powers to make such changes under the Environmental Protection Act 1990. Ms X has been able to request a review, but the Council remains of the view the property does not meet the criteria for a wheelie bin. There is no evidence of fault in the way the Council has applied its new collections policy in Ms X’s case.

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Decision

16. I find no evidence of fault by the Council fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman