Summary: We will not investigate Mrs X’s complaint that the Council wrongly decided their property was suitable for a new wheeled bin collection. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complained about the Council’s decision to change their waste collection from sacks to wheeled bins and its review of that decision.
2. Mrs X said their property is not suitable for wheeled bins for various reasons including the fact they own larger vehicles, there is a danger these may be damaged in high winds and there will be no room for the electric charging point they plan installing soon.
3. Mrs X said the Council’s decision caused them distress and frustration. She wants the Council to review its decision so they can retain the refuse sacks.

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The Ombudsman’s role and powers

4. 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))

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How I considered this complaint

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

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My assessment

7. In 2024 the Council approved changes to its waste collection service. It previously collected sacks but decided to replace this service with three wheeled bins per property. As part of the changes the Council said it would assess the suitability of every property in its area for a wheeled bin collection.
8. The Council offered all households a right of review against its decision as an alternative to its complaints process.
9. The Council decided Mrs X’s property was suitable for wheeled bins. Mrs X asked for a review, but the Council maintained its decision.
10. We will not investigate Mrs X’s complaint that the Council’s review decision was wrong. The Ombudsman is not an appeal body. This means we will not replace our decision with one that has been correctly made. The Council followed its processes when it carried out Mrs X’s review. It considered the information they provided against its criteria for determining whether a property was suitable for a wheeled bin collection. There was insufficient evidence of fault in how it made its decision. Therefore, we will not investigate this complaint.

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Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman