Summary: We will not investigate this complaint about the Council’s decision to refuse an application for a larger capacity black bin. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council refused his application for a larger capacity black bin. He said he lives in a five-person household and therefore a large bin is required. He said the Council has not applied its policy consistently. He wants the Council to treat him the same as other households.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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

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

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My assessment

6. Mr X applied for a larger capacity black bin. The Council denied his application and said Mr X’s household did not meet the criteria. It explained that having a five-person household alone did not qualify and the application must demonstrate extenuating circumstances.
7. Mr X made a complaint and said the policy was not applied consistently because he knew of other households that did not meet the criteria and had been provided a larger bin by the Council.
8. The Council said it would not provide details of other households’ personal circumstances. It also confirmed that Mr X could not be provided with a larger bin because his application did not demonstrate his household had any medical circumstances that resulted in a higher volume of non-recyclable waste. It confirmed it applied its policy fairly and consistently.
9. We will not investigate this complaint. The Council responded to Mr X’s complaint and explained why his household did not meet the criteria for a larger bin. It said it could not provide details of other households’ circumstances and provided Mr X information on how to manage waste. The Council also offered for a Waste Officer to contact Mr X to discuss how to reduce his household waste. There is not enough evidence of fault in the way the Council made its decision to justify the Ombudsman’s involvement.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement,

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Investigator's decision on behalf of the Ombudsman