The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to collect residential waste/recycling from wheelie bins. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. This is a matter which affects all or most people in the Council’s area, and there is not enough evidence of fault by the Council causing the complainant a significant personal injustice.
The complaint
The complainant, whom I refer to as Mr X, complains the Council has a policy that it will not collect refuse/recycling from wheelie bin style containers, but has no guidelines about what type of receptacle is acceptable.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Ombudsman can 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 an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6)) When considering if a Council has acted with fault, we cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) And we cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council, which included the associated complaint correspondence.
I considered our Assessment Code.
My assessment
The restriction detailed in paragraph 5 above applies to Mr X’s complaint. This is because he is complaining about the Council’s policy on how it asks residents to present their waste. That is a matter which affects all or most people in the Council’s area.
And, even if this restriction did not apply, there is not enough evidence of fault causing significant injustice to warrant the Ombudsman pursuing the matter further. The Council was entitled to reach its own judgement on the health and safety risk posed to its refuse operatives from retrieving waste from wheelie bin style containers, and it has explained to Mr X the type of container which would be acceptable. And whilst I appreciate it might be inconvenient for Mr X to have to present his waste in sacks instead, with the possibility that foxes might interfere with them overnight, I am not persuaded this amounts to a significant injustice warranting further involvement of the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because it is about a matter which affects all or most people in the Council’s area, and there is not enough evidence of fault by the Council causing him a significant personal injustice.
Investigator's decision on behalf of the Ombudsman