Summary: We will not investigate this complaint about the Council’s change in waste collection because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complains the Council has not provided adequate waste collection and recycling for residents on the street he lives on, because the bins are overflowing
2. Mr Y says this has meant rubbish is littered across his street, which has attracted rats.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
4. 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

5. I considered information provided by Mr Y.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y complained that the Council hasn’t provided sufficient waste collection to one of the communal block of flats on his street. He says in response to his complaint, the Council has reduced the number of bins provided to those flats. This has meant bins are overflowing and rubbish is littering the street, which has attracted rats.
8. Mr Y says his own block of flats has larger capacity bins which means waste is adequately managed and this residence should also be provided the same to stop these problems.
9. Councils have a duty under the Environmental Protection Act 1990, (Section 45) to collect household waste and recycling from properties in their area. Councils can decide the frequency of collections and type of bins people must use. The Council can set a standard bin size, and limit the amount of waste it collects, but it must be reasonable (Environmental Protection Act 1990, Section 46).
10. The Council’s policy of waste collection in communal areas is that; it should provide communal areas with 1100 litre four wheeled bins, although smaller sizes like 660 litres, 360 litres, 240 litre bins may be provided where appropriate.
11. The Council has taken away the recycling bins from the affected communal flats and replaced them with 180 litre general waste bins that are collected weekly instead of fortnightly. In its complaint response, the Council says it has had to take away the recycling bins due to misuse and contamination by residents. It has also replaced general waste bins with smaller bins but changed the collection to weekly to increase the waste collection capacity to try to manage the waste build-up.
12. 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.
13. The Council has not provided the waste collection capacity to the homes as in its policy. However, a Council can decide to act differently to its policy if it can show why it has done this and that it has made this decision having considered the issue. As the Council has considered the problem, its policy and can explain why it has not followed its own policy in this circumstance, there is no fault in in how it made its decision. The Council also said it would review the arrangements when the situation improves and look at reinstating the previous collection arrangements.
14. As the Council has explained its decision to not follow its policy, based on the individual circumstances, there is not enough evidence of fault to justify investigating.

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Final decision

15. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman