Summary: We will not investigate this complaint about the Council’s decision to not provide an extra bin to Mr Y. This is because there is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr Y complains about the Council’s decision not to provide him with an additional refuse bin.
2. Mr Y says this means they have excess waste they are unable to dispose of.
3. Mr Y wants the Council to provide him with an extra bin.

Back to top

The Ombudsman’s role and powers

4. 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)
5. 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), section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Mr Y says his household produces excess waste which is not manageable in the 180L bin provided by the Council. He says he cannot manage regular trips to the recycling centre to dispose of the waste due to having a disabled child and being away for work.
9. Mr Y applied for an extra bin which the Council refused.
10. The Council said in its complaints response it considered Mr Y’s request, but it would not provide an extra bin because Mr Y did not meet the criteria.
11. The Council’s criteria for an extra bin is; households that are producing un-avoidable, additional, non-recyclable waste due to clinical needs or more than five occupants in the household.
12. The Council says as Mr Y’s needs are about the practicality of being able to take excess waste to the recycling centre, it does not meet its criteria for an extra bin.
13. We cannot question whether a council’s decision is right or wrong because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
14. As the Council considered Mr Y’s complaint and made its decision based on the relevant criteria and the information Mr Y supplied to it, there is not enough evidence of fault to justify investigating.

Back to top

Final decision

15. We will not investigate Mr Y’s complaint because there is not enough evidence of fault by the Council to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman