Summary: We will not investigate Miss X’s complaint that the Council refused to provide her with a larger waste bin. There is insufficient evidence of fault.

The complaint

1. Miss X complains the Council refused her request for a larger waste bin. Miss X explained she has pets which generate a larger volume of waste.
2. Miss X said the matter causes distress and frustration.

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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))

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How I considered this complaint

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

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My assessment

6. Miss X requested a larger waste bin to enable her to dispose of her animal waste. The Council considered Miss X’s request but decided the waste generated in Miss X’s home was “discretionary waste”. The Council explained its policy is not to grant a larger waste bin for discretionary waste.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
8. We will not investigate this complaint because there is insufficient evidence of fault in the Council’s decision making.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman