The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot have a wheelie bin. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council will not replace his refuse bag with a wheelie bin. Mr X cannot manage the bag due to health issues but he can take and collect a bin from the kerbside. Mr X wants the Council to give him a 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 Mr X and the Council. This includes the complaint correspondence and the bin container policy. I also considered our Assessment Code.
My assessment
Mr X used to have a bin which he took to the kerbside for collection.
The Council introduced a new refuse service. As part of the new service it allocated Mr X a bag rather than a bin. The criteria for the new service says the Council will not provide a bin when there are three or more steps at the front of the property.
Mr X asked for a bin. He explained he has health problems which mean he cannot carry a bag to the kerbside. He explained he can wheel a bin to the kerbside, despite the steps.
The Council reviewed Mr X’s property and confirmed he is not eligible for a bin due to the steps. It said it must protect the health of the crew and dragging bins up and down steps could be detrimental to health. The Council invited Mr X to apply for the assisted collection service whereby the crew would collect the bag from an agreed collection point inside the property boundary.
Mr X disagrees with the decision. He says he can take a bin to the kerbside which would avoid the crew having to collect a bag from inside the property. Mr X says he is aware of other properties which have bins and steps.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X has steps leading into his property; he has not said he has less than three steps. The policy says the Council will not provide a bin when a property has three or more steps. The decision reflects the policy so there is no reason to start an investigation and the law allows councils to decide what type of container a person must use. In addition, the Council responded appropriately by inviting Mr X to apply for an assisted collection which would mean he would not have to take waste to the kerbside in any container.
I have considered Mr X’s comments but we do not act as an appeal body. I would add, however, that were Mr X’s health to deteriorate it might be that he could no longer take a bin to the kerbside and there is no guarantee that a future resident would be able to do so. I cannot comment on his assertion that other properties have steps and bins because I have not seen evidence he put this point to the Council. However, even if other properties do have bins, this does not mean the Council has not assessed Mr X’s property correctly.
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