Summary: We will not investigate this complaint about the Council’s response to Mr X’s request for a larger general waste bin and his subsequent complaint. An investigation by the Ombudsman would be unlikely to lead to a different outcome.

The complaint

1. The complainant, whom I shall refer to as Mr X, asked the Council to provide a larger general waste bin. The Council refused because it had found his existing bin contained recyclable waste. Mr X says the recyclable waste was placed there by somebody else. Mr X also says one of the bags which supposedly contained the recyclable waste was firmly lodged in the bottom of the bin. Mr X therefore questions how the Council established the presence of recyclable waste. Mr X says the Council’s refusal to issue him with a larger bin is causing waste to build up which poses a health and safety issue.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal; 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its responses to Mr X the Council has explained its decision not to issue him with a larger bin. The Council says it visited his home, inspected the general waste bin, and found recyclable material. The Council says that one of the bags containing the waste being lodged at the bottom of the bin does not change the fact it discovered recyclable waste. The Council has said Mr X can reapply for a larger bin, but there will be a further assessment.
6. We will not start an investigation into Mr X’s complaint. This is because an investigation by the Ombudsman would be unlikely to add anything to the Council’s response. It has explained its decision, and it is unlikely we could say there was fault in how it was reached. We could never say if somebody else left the recyclable waste in the bin. The Council’s decision not to issue a larger bin is one it is entitled to reach and Mr X can reapply. We could not say the Council should issue Mr X with a larger bin or achieve anything more than the option to apply again. An investigation is not therefore warranted as it would not lead to a different outcome.

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Final decision

7. We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman