The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about his refuse bin provision. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
The complainant, whom I shall call Mr X, complains the Council provided him with a smaller replacement refuse bin which is not big enough for his household’s needs after his bin was damaged during a collection.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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)) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council that it provided a smaller refuse bin to replace his old one which was damaged during a collection. Mr X said the replacement bin was too small to meet his household of four’s needs. He asked the Council to provide a larger bin or a second bin as they already recycle all they can but the bin is too small. With the smaller bin he has to make regular visits to his local recycling centre to dispose of his household waste.
The Council confirmed it had provided Mr X with the correct bin size for his household of four, which is a standard 180l bin. This is in line with its current bin provision policy which has been in place for five years. Prior to this, the standard bin size was larger at 240l. It did not replace all the bins when the policy changed due to the cost implications. It replaces them as required. It explained that unless there were any special requirements it would not offer Mr X’s household a larger bin.
The Council invited Mr X to request an assessment from one of its waste wardens. These can be requested where a household is unable to cope with one wheelie bin due to household size. The waste warden will assess whether or not the household can have an additional bin. Mr X has requested an assessment but it has not yet taken place.
We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council here. It has allocated Mr X the correct size bin in line with its current policy. We are not an appeal body and it is not our role to say the Council should agree his request for a larger or second bin, outside of its policy. It is a decision the Council is entitled to make and there is no sign of fault in the way in which it was reached. The assessment process via the waste warden will consider whether Mr X will be provided with an extra bin outside of its policy.
Final decision
We will not investigate Mr X’s complaint because there is no sign of fault by the Council.
Investigator's decision on behalf of the Ombudsman