Summary: We will not investigate Mrs 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. Mrs X complains about the Council’s decision to refuse her request for additional bin capacity for her larger household.

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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. (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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained to the Council about its decision to refuse her request for additional refuse capacity. She says government guidance requires councils to provide a reasonable waste and recycling service, and she does not think a 360-litre bin meets the needs of a household of ten.
7. The Council did not uphold Mrs X’s complaint. It says she meets the criteria for a larger bin and already has the maximum bin capacity it can provide to one household.
8. The Council’s bin allocation policy is to provide each household with one bin for non-recyclable waste. Larger bins are provided to households where there are five or more occupants.
9. We will not investigate Mrs X’s complaint. This is because there is no sign of fault by the Council. It has provided Mrs X with the relevant bin size for a household of ten as set out in its policy and it has clearly explained this to Mrs 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 Mrs X disagrees with it.

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Final decision

11. We will not investigate Mrs 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