Summary: We will not investigate this complaint about household waste collection. It is unlikely we would add to the Council’s investigation or reach a different outcome.

The complaint

1. Ms B says the Council has not taken responsibility for bin and rat issues at her property. Ms B has paid to have rubbish cleared. Ms B wants the Council to provide her a free bulky waste service to remove six bulky items. Ms B wants the Council to resolve operational issues with her waste collection.

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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
• any injustice is not significant enough to justify our involvement, 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. Household waste should be presented in large, tied black bags,on collection day. The Council recommends storing the bags in a bin before collection day. Such bins should be smaller than 90 litres capacity and not a wheeled bin.
7. The Council says Ms B is not doing this, she is storing the bags inside a wheeled bin that is larger than recommended. The Council’s staff have been lifting the bags out, but sometimes they split and rubbish goes onto the ground. Or sometimes they cannot remove all the bags, as they should not be leaning in or tilting the bin to get bags that are further down. The Council says it has reminded staff it should clean up if it spills rubbish. But the Council has also said it cannot allow staff to continue to pull bags out of Ms B’s bin. The staff should not be lifting the bags out of the bin for health and safety reasons.
8. The Council has recommended to resolve the problems Ms B should get a smaller bin, or remove the bags from the current bin on collection day.
9. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has taken the right steps in considering relevant information and evidence to make its decision. I understand Ms C disagrees and is concerned by her waste collections. However, this is not evidence of fault in the Council’s decision or the way it has investigated.
10. Ms B says the rubbish has attracted rats. It is not clear whether Ms B has contacted pest control, but that would be the appropriate action.

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Final decision

11. We will not investigate Ms B’s complaint because it is unlikely we would add to the Council’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman