Summary: We will not investigate this complaint that the Council will not allow the complainant to use a bin for her rubbish. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council will not let her use a wheelie bin rather than a sack for her rubbish. She wants the Council to allocate a bin.

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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 information on the Council’s website and our Assessment Code.

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My assessment

4. The Council issues a sack, rather than bins, to properties that cannot store a bin or where there are steps between the collection point and the property.
5. Ms X used to use a bin. Under the current/new system the Council has issued her with a sack because there are steps between the place she must present her bins and the collection point on the road. The crew must climb about six steps to retrieve the waste and return it the van.
6. Ms X lives a short distance from the presentation point. There are no steps between the presentation point and her home, but she has to drag the bag along the path which is difficult. Ms X wants the Council to issue a bin or allow her to present the waste at a different location where there are no steps.
7. The Council reviewed and confirmed its decision is correct due to the steps. It said that bumping a bin down the steps could cause damage and the crew are not allowed to lift rubbish from bins, for health and safety reasons, which would be necessary if Ms X left a bin at the top of the steps.
8. I asked the Council about Ms X’s suggestion that she could take a bin to a different part of the street where there are no steps. The Council said it requires people to leave the waste as close as possible to the boundary so officers can identify the source of the waste in cases of misuse or fly-tipping. The Council said it must apply the policy consistently and said it would investigate properties which Ms X said had been issued with a bin contrary to the policy. The Council also said that Ms X had not reported any mobility problems.
9. I can understand why Ms X would like a bin as her home is not adjacent to the presentation point. However, the Council’s decision is consistent with the policy so there is no reason to start an investigation. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with. I can only consider if the Council applied the policy correctly and I have not identified any suggestion of fault.

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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