Summary: We will not investigate this complaint about an alleged failure by the Council to stop supplying the complainant with plastic household waste sacks, or a problem with a bin collection. This is because there is insufficient evidence of fault and the complainant having been caused a sufficient injustice.

The complaint

1. The complainant (Mr X) complains about the Council’s decision to stop supplying him with plastic household waste sacks due to the fact he has a waste bin. He disagrees with the Council’s decision that he, like all residents, cannot have both. Mr X says he needs waste sacks to support his medical condition.
2. In addition, Mr X also complains the Council lied to him about the officer who visited him at his home to deliver a one-off supply of waste sacks due to it saying this officer was known to him. He also says an incorrectly numbered waste bin was put back by the waste crew when making a collection. In summary, Mr X says the alledged fault causes additional difficulty for his medical conditions. As a desired outcome, he wants the Council to supply him with waste sacks, as well as compensation for the impact this had on him.

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The Ombudsman’s role and powers

3. 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 per-son 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.
• any fault has not caused injustice to the person who complained.
• any injustice is not significant enough to justify our involvement.

(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 and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s policy is that if residents have waste bins, it will not provide waste sacks. Mr X has a waste bin which is accessible to him and which he has confirmed he can use. However, Mr X says he also wants waste sacks, and that these are needed to support his medical condition. The Council considered this matter and informed him that it cannot agree to provide him with waste sacks if he is able to use his waste bin, something Mr X has confirmed he can. The Council also told Mr X that he can purchase his own bin sacks to use with his waste bin.
6. Separately, Mr X complained about the Council having informed he in its complaint response that the person who delivered him waste sacks as a one-off was known to him. He also said an incorrectly numbered waste bin was put back by the waste crew when making a collection. The Council said the crew would help returning the correct numbered bin on the next collection.
7. In my view, there is no evidence of any fault by the Council in how it has responded to Mr X’s concerns. However, before accepting a complaint, we must be satisfied the person complaining to us has been caused a significant and personal injustice as a result of fault. This means Mr X needs to demonstrate he has suffered serious loss, harm, or distress as a result of the fault by the Council. I have not identified any fault, but regardless of this, I am not satisfied on the evidence available to me that this amounts to Mr X suffering serious loss, harm, or distress. Most households are responsible for purchasing their own waste sacks and so any injustice is not beyond that to public generally. There is also no evidence of serious loss, harm, or stress with respect to the other matters Mr X has raised. In my view, there insufficient evidence of fault and injustice to justify an investigation of Mr X’s complaint.

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Final decision

8. We will not investigate this complaint. This is because the restrictions I outline at paragraph three (above) apply.

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Investigator's decision on behalf of the Ombudsman