Summary: We will not investigate this complaint about the Council’s approach to contamination in communal recycling bins. This is because we could not achieve a worthwhile outcome for Mr X.

The complaint

1. Mr X complains the Council does not have a clear and consistent policy to contamination in communal recycling bins. He says this has resulted in refused collections and additional charges. He wants the Council to publish a clear contamination threshold and review charges for return collections.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• There is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A (6), section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council expects managing agents to prevent all contamination but allows collection crews to exercise judgement when deciding whether to collect a recycling bin. He says this has resulted in refused collections and additional charges. He also says the Council does not have a clear and consistent approach to contamination. He complained to the Council.
6. The Council said managing agents should work on the basis that no contamination is acceptable. However, collection crews use their judgement when deciding whether a bin is contaminated. It said its website provides guidance managing agents can share with tenants.
7. The Council’s policy says it will not collect contaminated recycling bins. Managing agents must ensure contaminated bins are sorted. The policy does not specify how much contamination will lead to a refused collection.
8. Mr X wants the Council to define an acceptable level of contamination and explain how it will apply this. We cannot require the Council to introduce a particular threshold or policy for communal recycling bins. We cannot achieve the outcome Mr X wants.
9. The responsibility for educating residents about what can be recycled lies with the managing agent. The Council provides guidance on its website which can be shared with residents.

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Final decision

10. We will not investigate Mr X’s complaint because we could not achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman