The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about a replacement bin provided by the Council. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mrs B complains that when she paid for a new general waste bin to replace her damaged bin, the Council provided a smaller bin. Mrs B says this new 180 litre bin is not large enough for her household. Mrs B would like the Council to provide a bin which is the same size as her previous bin.
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 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs B and information on the Council’s website.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has decided to provide households with a 180 litre general waste bin. The Council’s policy says only households of five or more people may request a bigger or additional general waste bin. The Council says the replacement bin is the correct size for Mrs B’s household of four people. The Council has explained that previously having a larger bin does not automatically entitle a household to a replacement bin of the same size.
There is not enough evidence of fault to justify an investigation into Mrs B’s complaint. The information indicates the Council has acted in line with its policy. It is not our role to tell the Council this policy is wrong.
So, we will not investigate this complaint.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman