Summary: We will not investigate Mr X’s complaint that the Council erroneously removed his refuse bin or its response to his concerns about a refuse officer. The Council apologised and replaced the bin. An investigation is unlikely to achieve anything else. We will not investigate Mr X’s complaint about the size of the replacement bin because there is insufficient evidence of fault. We will not investigate the Council’s complaints handling because the tests in our Assessment Code are not met.

The complaint

1. Mr X complained the Council:
1. wrongly removed his 240L bin;
2. offered to replace the bin with a smaller 140L bin despite Mr X’s view that this does not meet his requirements;
3. failed to address his concerns about the conduct of a refuse officer; and
4. failed to address his complaints properly.
2. Mr X said the matter caused him frustration and time and trouble.

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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 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)

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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

Wrongly removed his 240L bin

6. Mr X complained the Council removed his larger 240L refuse bin without reason.
7. In its complaint response the Council apologised for removing the bin. It explained an error in its records regarding Mr X’s house led to the removal of the bin.
8. The Council apologised and offered to replace the bin. An investigation into this matter is unlikely to achieve any additional outcome, and so we will not investigate.

Offered to replace the bin with a smaller 140L bin despite Mr X’s view that this does not meet his requirements

9. The Council has a policy relating to the size of refuse bins in its area. Its policy notes it will not provide a larger bin to households of fewer than five people unless there are exceptional circumstances.
10. Mr X’s household has fewer than five people in it. In its complaint response, the Council explained the reason it would provide the smaller bin. It also offered to conduct a “waste audit” to support Mr X with his refuse processing.
11. We will not investigate this complaint. There is insufficient evidence of fault in the Council’s decision-making to warrant our involvement.

Failed to address his concerns about the conduct of a refuse officer

12. Mr X complained a refuse officer threw his bin to the ground.
13. In its complaint response the Council apologised to Mr X and explained it would speak with the officer involved. An investigation into this matter is unlikely to achieve anything else, and so we will not investigate.

Failed to address his complaints properly

14. 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. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.

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Final decision

15. We will not investigate Mr X’s complaint because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman