Summary: We will not investigate most of X’s complaint about the Council’s decision to change its waste collection service from sacks to wheeled bins or how it provided support in relation to their disabilities because there is insufficient evidence of fault. We will not investigate the remainder because it is premature.

The complaint

1. X complained about the Council’s decision to change their waste collection from sacks to wheeled bins and its review of that decision. X also complained the Council failed to consider their disabilities and to provide support for their waste collection.
2. X said the Council’s decision caused them distress and frustration. X wants the Council to review its decision and provide waste sacks.

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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))
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

Policy change from sacks to wheeled bins

7. 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.
8. The Council offered all households a right of review against its decision as an alternative to its complaints process.
9. The Council decided X’s property was suitable for wheeled bins. X asked for a review, but the Council maintained its decision.
10. 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.

Assisted collections

11. X asserted their view that the Council failed to consider their disabilities when it refused their appeal.
12. We will 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.
13. The Council told X it would provide assisted collection to them. It asked X to deposit smaller bags of waste in their bin as a trial to enable them to use the service. The Council told X if they continued to have difficulties to contact the Council again and it would review the matter.
14. This demonstrates the Council considered X’s individual circumstances and offered support in response. Consequently there is insufficient evidence of fault, and so we will not investigate this complaint.

Matters after the stage two review

15. X continued to ask the Council for support because they felt the assisted collection it offered was not sufficient. X said the Council visited several times but focused on whether there was sufficient space for the wheeled bins, as opposed to their view that they cannot use the bins due to their disabilities.
16. We will not investigate this complaint. This part of X’s complaint is about new matters separate from the original issues raised as part of the appeal. Therefore, this matter is premature.
17. If X is dissatisfied with the way the Council responded to their later requests for support, it is open to them to complain to the Council. I have seen no good reasons the Ombudsman should exercise discretion to consider this complaint before the Council, and so we will not do so.

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Final decision

18. We will not investigate most of X’s complaint because there is insufficient evidence of fault. We will not investigate the remainder because it is premature.

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Investigator's decision on behalf of the Ombudsman