Summary: We will not investigate Mr X’s complaint about the Council’s decision to introduce new wheelie bins as part of its waste collection service and its decision that his property can accommodate the new bins. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains about the Council’s decision to introduce new wheelie bins for its waste collection service. He also complains about the Council’s decision that his property is suitable for the new service and can accommodate the bins. He wants the Council to review its policy and return to sack collections.

Back to top

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. (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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

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 Mr X’s property was suitable for wheeled bins. Mr X asked for a review of this decision. The Council maintained its decision that his property was suitable but acknowledged there were steps up to his property and the front garden. It offered him an assisted collection and said its operatives would collect and return the bins to his front garden area.   
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 this.  
10. We will also not investigate the Council’s decision that his property is suitable for the wheeled bins. 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 Mr X’s review. It considered the information provided against its criteria for determining whether his property was suitable. As part of the review, it also acknowledged there were access steps to the property and has offered him an assisted collection. This is an appropriate response to Mr X’s concerns. Although I accept Mr X may not agree with the Council’s decision, there is insufficient evidence of fault to justify an investigation.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman