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

The complaint

1. X complains about the Council’s:
1. decision to change how it collects household waste from a sack collection to three wheelie bins. X said her house is not suitable for the new bins as they have limited space; and
2. failure to consider their health needs as part of its decision making.
2. X said the matter caused distress and frustration.

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The Ombudsman’s role and powers

3. 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

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

Decision to issue wheelie bins

6. 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.
7. The Council offered all households a right of review against its decision as an alternative to its complaints process.
8. The Council decided X’s property was suitable for wheeled bins. X asked for a review, but the Council maintained its decision.
9. We will not investigate this complaint. The Council was entitled to change how it collected waste including the containers it provides to do so. Based on the evidence seen there is insufficient evidence of fault in how the Council implemented the changes to its waste collections, and so we will not investigate.
10. We will also not investigate 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 X’s review about the suitability of her property for wheeled bins (this is different from X’s personal circumstances explored below). 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.

X’s individual health needs & assisted collection

11. X explained to the Council about their individual health needs. In response to X’s comments the Council offered an assisted collection service. X said this service was unsuitable as it meant they would need to move their car on the day of collection and said this was unreasonable.
12. We will not investigate this complaint. The Council assessed and offered X assisted collection. Although X is frustrated with the practicalities of the assisted collection, there is insufficient evidence of fault in the process to warrant an investigation by the Ombudsman.

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Final decision

13. We will not investigate 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