The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to allow Mr X to present his recycling waste for collection in a wheeled bin as there is insufficient evidence of fault by the Council.
The complaint
Mr X has difficulties carrying recycling waste to the collection point along a long drive. Mr X complains the Council has refused to allow him to present his recycling waste in a wheeled bin
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)) We cannot question whether a council’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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has considered Mr X’s request and refused it. It has explained its powers, under the Environmental Protection Act 1990, to determine how waste must be presented for collection. It has advised Mr X he can use his own wheeled bin to take the recycling to the collection point but that it must be separated out into separate containers there. It has also advised Mr X about its assisted collection service.
While I recognise Mr X feels the Council’s decision is unfair, it is entitled to make it and we cannot question the merits of it. For this reason, we will not investigate.
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