Tameside Metropolitan Borough Council (25 014 111)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 06 Mar 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s handling of refuse issues. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
- Miss X complains about the Council’s handling of refuse issues. She complains about:
- the decision she would need to pay for a replacement brown bin after hers went missing;
- the decision to remove her extra general waste bin; and
- a missed recycling collection.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- We do not start 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council. I also considered the Council’s waste policy which is published on its website.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council about the refuse issues set out in paragraph one, above.
- In response, the Council confirmed it had not removed Miss X’s brown bin. It explained that, in line with its policy, a charge applies for a replacement bin. It provided Miss X with the relevant details.
- It confirmed it had not removed the extra general waste bin from Miss X’s property but that it was due for removal. In August 2025, it wrote to households with extra general waste bins. It asked residents to complete an application for extra refuse provision if they still needed it. Miss X applied for extra provision for her household and explained the reason for her request. The Council assessed the application and decided it did not meet the criteria for extra provision.
- The Council explained the missed recycling collection was caused by road works. It completed the collection the following week when resources were available to complete it
- We will not investigate Miss X’s complaint. This is because, whilst I acknowledge Miss X is dissatisfied with the Council’s decisions there is insufficient evidence of fault by the Council here to warrant an investigation. We are not an appeal body. This means we do not take a second look at the Council’s decisions to decide if they are wrong. Instead, we look at the processes it followed to make its decisions. I have seen no sign of fault in the Council’s consideration of the matters raised here. It is acting in line with its published refuse policy.
- Whilst Miss X believes her bins were taken by the Council, rather than stolen, I have seen no evidence to support this view. The Council confirmed it has not removed her bins. Its decisions to charge for the replacement bin and not to provide an extra general refuse bin have been clearly explained and made in line with its published policy. The same applies to the missed recycling collection. The policy says that where it is unable to complete a collection on the scheduled date it will return to collect it at the earliest operational opportunity. This is what it did. It does not warrant a further investigation by this office.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.
Investigator's decision on behalf of the Ombudsman