The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot have an extra rubbish bin. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he cannot have an extra rubbish 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 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 Mr X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
The Council provides an extra rubbish bin to households of five or more permanent residents. It also provides an extra bin to households where there are at least two children in nappies or where a family member has a medical condition that generates extra waste.
Mr X lives in his home for about eight months of the year. He spends the rest of the year elsewhere. Mr X has a large family who visit at various times of the year. Mr X says that when the family visit it is hard to manage with just one bin and a fortnightly collection. He asked the Council for a second bin.
The Council declined his request because there is no evidence that at least five people permanently live in the property or that the other requirements are met. Mr X says he is being treated differently to other people in the area.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council’s decision that Mr X is not eligible for an extra bin is consistent with the policy so there is no reason to start an investigation. The same rules apply to anyone who has a property in the area. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with. If Mr X thinks that people in his situation should be allowed a second bin, then he would need to lobby councillors for a change in the policy. It would be for the Council, not us, to decide whether to change the policy.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman