Summary: We will not investigate this complaint about an application for a larger waste bin. This is because there is not enough evidence of fault in how the Council made its decision not to provide a larger bin.

The complaint

1. Mr B said the Council refused to provide a larger waste bin for his property. Mr B said this causes a burden of managing unavoidable household waste. Mr B wants the Council to provide a larger 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

3. 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)

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How I considered this complaint

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

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My assessment

6. Mr B applied for a larger waste bin. The Council assessed the application by visiting Mr B at home and completing a waste audit. The Council does not agree the need for a larger bin. The Council has reviewed this decision through its complaint process, considering the arguments Mr B put forward.
7. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has investigated and taken the right steps in considering relevant information and evidence. I understand Mr B disagrees and says he cannot do more to reduce his waste. However, this is not evidence of fault in the Council’s decision or the way it has investigated.

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Final decision

8. We will not investigate Mr B’s complaint because there is not enough evidence of fault in how the Council made its decision.

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Investigator's decision on behalf of the Ombudsman