Summary: We will not investigate Mr X’s complaint about bin provision. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision not to agree his request for a larger refuse bin for his household of four. He currently has a 180l wheeled bin but would like the Council to provide him with a 240l bin. He says the Council’s policy on bin provision is unfair as it means a household of one or two people has a larger waste volume allowance per person than a household of four.

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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. (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 also considered the Council’s policy on bin provision and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about its decision to refuse his request for a larger refuse bin for his family of four. He said the bin size limits set by the Council are disproportionate and four person households are impacted the most by its policy. He drives to the tip to dispose of his household’s excess waste which costs him time and money and is environmentally unacceptable.
7. The Council did not uphold Mr X’s complaint. It confirmed his household has the correct size bin for a household of up to four people which is a standard 180l bin. It explained Mr X does not meet the criteria for a larger bin.
8. The Council’s bin allocation policy says each household will be provided with one 180l wheeled bin for non-recyclable waste. This is the default bin provided to most households. Only households with 5 or more occupants or a specific verified need, such as medical waste, can apply for additional refuse bin capacity. Such requests will only be approved where residents are already fully using the existing recycling facilities.
9. We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council here. It has provided Mr X with the relevant bin size for a household of four as set out in its policy and it has clearly explained this to Mr X. It is a matter for the Council to decide how best to manage its refuse services including bin provision.
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 processes it followed to make its decision. If, as here, we consider it followed the correct process, by deciding the matter in line with its policy, we cannot question whether it was right or wrong even though Mr X disagrees with it.

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Final decision

11. We will not investigate Mr X’s complaint because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman