The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council requiring Mr X to present his waste bin for collection at the end of a private track as there is insufficient evidence of fault by the Council.
The complaint
Mr X complains the Council now requires him to transport his waste bin around 200 metres to the end of a private track, near a layby, to be collected. Mr X was previously able to leave his waste bins half way along the track and says he was not consulted about this decision. Mr X is concerned potential burglars may be alerted to the presence of his house by his bin; that it may blow over causing an accident; and that it may be used by fly tippers.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council is able, under the Environmental Protection Act 1990, to stipulate where householders present their waste bins for collection. It has considered the points Mr X raised but confirmed its decision based on its duty of care to its operatives.
I recognise Mr X remains unhappy with the Council’s decision but there is insufficient evidence of fault in how it was made and we cannot therefore question it.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman