Summary: We will not investigate this complaint about bin capacity for household waste. There is not enough evidence of fault by the Council because it is providing waste capacity in line with its policy.

The complaint

1. Ms B said the Council failed to risk assess the site and has not provided enough bins. Residents are paying for private bin collections. The bins do not have lids and are attracting vermin. Ms B wants the site risk assessed as she says there are not enough bins to hold the residents’ waste.

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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. Ms B lives in an apartment block. Ms B says there are three large bins for household waste, and that this is not enough as its always overflowing. The residents are paying for private waste collections to manage it.
7. The Council provides the capacity for waste following its relevant policy. Per apartment it allows 55 litres of waste per week; it is providing more than this. The total capacity of the three bins is 3300 litres, resulting in 61 litres per apartment. So, there is not enough evidence of fault by the Council.
8. The Council says it has not received reports of any damage to the bins, such as missing lids. But has correctly advised Ms B to contact the management company for the apartment block about repairs and pest control.

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Final decision

9. We will not investigate Ms B’s complaint because there is not enough evidence of fault by the Council. It is providing capacity for household waste in line with its policy. If the residents are producing more waste that is not because of fault of the Council. The Council is not responsible for the cost of any extra collections.

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Investigator's decision on behalf of the Ombudsman