Summary: We will not investigate this complaint about bin collections because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council does not return her bins to her property and does not fully empty the bins. She wants the Council to return fully emptied bins to her property and make less noise during collections.

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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 Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Ms X complained to the Council about the collection crew not returning her bins to her property and not fully emptying her bins. She also reported that her bins had been left touching a fence and her neighbour’s bin. She labelled her bins, as suggested by the Council, but says the crew still do not return them.
5. In response the Council explained that the bins are not always returned to the property but said the crew are complying with the contract. But, as Ms X reported she has a disability, the Council registered her for assisted collections. This means the Council will collect and return her bins from and to an agreed collection point and Ms X will not have to move them.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. It may be that the crews do not always leave the bins in Ms X’s preferred location but, as the Council, has placed her on assisted collection, this issue will be avoided. I have seen a photograph of a bin which Ms X says was not properly emptied; it shows two small pieces of card at the base of a bin – this does not need an investigation. Ms X has also reported noisy collections. However, waste collections are an essential service which will always generate a degree of noise and this noise does not represent fault requiring an investigation and we cannot ask councils to arrange quieter collections.

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Final decision

7. 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