Summary: We will not investigate this complaint about where the Council requires refuse bins to be presented for collection. There is insufficient evidence of fault in the way the Council reached its decision on the collection arrangement.

The complaint

1. Mr X complains the Council requires residents to present refuse bins at the end of their road, instead of collecting them from outside their properties.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. With reference to the first bullet point above, we can 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 Mr X, as well as the Ombudsman’s Assessment Code.

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My assessment

5. I appreciate Mr X is unhappy that his refuse bins must be presented at the end of his cul-de-sac.
6. But councils have broad discretion to decide how they meet the duty to collect household waste, including where bins should be presented, and the Ombudsman is not an appeal body. This means we do not overrule council decisions or tell them how they should operate their services. Rather, we look at whether there was fault in the way a decision was made. If we decide there is insufficient evidence of fault, we cannot question whether a council should have reached a particular decision or say it should have reached a different outcome.
7. Here, the Council says a letter was sent to residents in early-2021 about establishing a new collection point at the entrance to the cul-de-sac. The complaint responses explain the refuse vehicles cannot safely access the full length of Mr X’s road due to its width and the presence of on-street parking. And whilst the crews may walk short distances in some locations, it is not possible here due to time/efficiency and safety constraints. The Council has also explained how residents can apply for an assisted collection if they experience difficulty in presenting bins at the collection point.
8. As such, I consider there is insufficient evidence of fault in the way the Council reached its decision on the collection point, so we will not start an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council reached its decision on the bin collection point.

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Investigator's decision on behalf of the Ombudsman