Milton Keynes Council (25 018 893)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 19 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the size of his garden waste bin because there is insufficient evidence of fault.
The complaint
- Mr X complained the Council:
- supplied him with a small 140-litre bin for his garden waste which he said was not sufficient. Mr X said other properties nearby have a 240-litre bin; and
- failed to respond to his complaints.
- Mr X said the matter caused him frustration and distress.
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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has a 140-litre garden waste bin. He complained to the Council and said some other properties in the area have a larger, 240-litre bin. Mr X said the smaller bin is inadequate. Mr X said he had to chase the Council on several occasions for it to respond to his complaint.
- In its complaint response the Council told Mr X prior to 2009 it used 240-litre bins, but since that date it changed its policy and issued standard 140-litre bins. Some properties still have the larger bin. It explained to Mr X he could either pay for an additional collection or take his garden waste to a local waste centre.
Analysis
- We will not investigate this complaint. The Council explained its policy is to issue 140-litre bins since 2009. Although Mr X believes this to be insufficient, this is not evidence of fault by the Council. It is open to Mr X to pay for an additional garden waste collection if he has excess garden waste.
- It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we will not investigate Mr X’s complaint about how the Council considered his complaint.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman