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

The complaint

1. Mr X complains about the Council’s decision to refuse his request for a larger refuse bin for his household of four. He says the Council has not considered his personal circumstances.

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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
• 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 Mr X and the Council
5. I considered 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 says he has young children who produce soiled waste, which creates a hygiene risk. He also says the Council applied its policy rigidly without considering his personal circumstances.
7. The Council considered Mr X’s complaint. It confirmed his household has the correct size bin for up to four people. It said Mr X’s household does not meet the criteria for a larger bin.
8. The Council’s bin allocation policy is to provide each household with one bin for non-recyclable waste. Larger bins are only provided to households where there are five or more occupants. A free medical waste collection service is available if a household member has a medical condition that requires disposal of hygiene waste.
9. We will not investigate Mr X’s complaint. This is because there is no evidence of fault by the Council. 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 about bin provision. This is because there is not enough evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman