Summary: We will not investigate Ms X’s complaint about bin provision. This is because there is no sign of fault by the Council.

The complaint

1. Ms X complains about the Council’s decision not to issue her household an extra refuse bin. Ms X says her daughter eats several meals a day as well as snacks due to her medical condition and so they need an extra 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 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)
3. 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))
4. 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

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

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My assessment

7. Ms X complained to the Council about its decision to refuse her application for an additional refuse bin.
8. In response, the Council said it considered requests on a case by case basis, considering factors such as household size, waste generation and any extenuating circumstances, such as medical needs. In Ms X’s case it decided it did not meet the criteria for additional bin capacity at present. It offered to arrange a visit or phone call with one of its Waste Officers to help identify opportunities to reduce the household’s waste and to ensure they are getting the most out of the waste service. It said this would also allow it to better understand the challenges Ms X is facing in dealing with her waste. It explained there is no limit placed on the amount of recycling Ms X can present. It provided information on how she can order more recycling containers.
9. We will not investigate Ms X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It has assessed Ms X’s application in line with its process and it has explained its decision as well as providing additional information and offering advice.
10. We are not an appeal body. This means we do not take a second look at the Council’s decision to decide if it was wrong. Instead, we look at the process it followed to make its decision. If, as here, we decide there is no sign of fault in how it made its decision we cannot question whether that decision was right or wrong even though Ms X disagrees with it.

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Final decision

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman