Summary: We will not investigate this complaint about the Council’s decision to charge for new bins and garden waste collections. There is not enough evidence of fault by the Council, the claimed injustice is not significant enough to warrant involvement and finally, we cannot achieve the outcome sought by Mr X.

The complaint

1. Mr X complained when he moved into his new property, he had to pay for the Council to provide bins which took six weeks for delivery. Additionally, Mr X complained the Council charge for garden waste collections.
2. Mr X said the delay in bins being provided led to rubbish outside his property attracting flies. Mr X also said the matters caused emotional and financial impacts to him.

Back to top

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 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
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained the Council charged him for new bins when he moved into his new property and there were no bins. Mr X also said the Council took six weeks to deliver the bins, causing rubbish to build up outside the property and attract flies.
7. I have considered the Council’s publicly available policy which says bins must be paid for if a resident moves into a property and there are no bins. Based on this, I consider there is not enough evidence of fault by the Council charging Mr X for the bins to warrant our involvement.
8. The Council’s publicly available policy also says bins will be delivered within four weeks. Mr X said it took six weeks for his bins to be delivered. While I acknowledge it would likely have been unpleasant to have rubbish mounting outside his property, I do not believe the injustice Mr X claims, caused by a two-week delay is significant enough to warrant an Ombudsman investigation.
9. Mr X also complained the Council charge for garden waste collections.
10. Councils do not have to offer garden waste collections. However, in the event a Council does offer this service, it has the right to charge residents for the service. In this case, the Council charges residents a yearly subscription if they wish to have garden waste collections. Based on this information, there is not enough evidence of fault by the Council to warrant our involvement.
11. Finally, as an outcome to his complaint Mr X sought for new properties to be provided with free bins, residents who have already paid for bins to be refunded and for garden waste charges to be reconsidered. The Ombudsman cannot tell the Council to carry out these actions and therefore we cannot achieve the outcome Mr X seeks.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council, the claimed injustice is not significant enough to warrant involvement and finally, we cannot achieve the outcome sought by Mr X.

Back to top

Investigator's decision on behalf of the Ombudsman