Summary: We will not investigate this complaint about missed bin collections. This is because there is not enough evidence of fault. The Council is following its policy to not collect bins where it cannot get to them.

The complaint

1. Mr B said the Council failed to resolve access issues for its bin lorry, resulting in many missed collections and not returning to collect. Mr B must leave bins out not knowing if the Council might collect them. Mr B must then dispose of his own waste by taking it to the recycling centre. Mr B thinks the Council could use a smaller bin lorry or put parking controls in place to improve the situation which has been continuing for many years. At a minimum Mr B thinks the Council should ensure to collect any missed collections within a week.

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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
• any injustice is not significant enough to justify our involvement, 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s policy is that it cannot empty a bin if it cannot get to it, for example the route is blocked. The Council will try to return within five days but cannot guarantee it. If the Council cannot collect before the next collection day the resident can:
• store their waste and put out up to an extra three waste bags with their bin at the next collection, or
• dispose of their own waste at a waste and recycling centre.
7. I appreciate the Council is regularly missing Mr B’s waste collections, and this is causing frustration and inconvenience. But the reason the collections are missed is not through Council fault, it is because the Council cannot safely access Mr B’s street when it tried to collect.
8. There is not enough evidence of fault because the Council is following its policy. The Council has considered Mr B’s suggestion of a smaller bin lorry. The Council has explained this is not operationally practical; there is no reason for the Ombudsman to question or criticise this decision.

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Final decision

We will not investigate Mr B’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman