Summary: We will not investigate this complaint about the Council’s decision not to provide more bins to Miss X’s building. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Miss X complains the Council will not provide an extra bin free of charge to the block of flats where she lives. She reports the landlord who owns the block will not pay the Council for an extra bin. Miss X states this means waste overflows, which is unpleasant and a health and safety risk and the landlord is charging residents to remove the extra waste.

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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. (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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has provided one general waste bin and one recycling bin, both with 1100 litre capacity, to Miss X’s block of flats. Miss X complained to the Council that this was not enough capacity, and the bin storage area was overflowing. The Council told Miss X the bin capacity it has provided follows its household waste policy.
6. I have considered the Council’s household waste policy, in relation to the size of Miss X’s block of flats. The policy provides a calculation for free bin capacity depending on the number of bedrooms in a block of flats. I am satisfied that the Council has provided more bin capacity than the minimum the policy prescribes. So, we are unlikely to find fault with the Council’s decision to not provide more bins.
7. The landlord’s decisions not to pay the Council for an extra bin and to charge Miss X for removing excess waste is not the Council’s responsibility.

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Final decision

8. We will not investigate Miss X’s complaint as there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman