The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has reduced the size of the complainant’s rubbish bin and the frequency of collections. 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 has changed the waste collection service; it has reduced the size of the rubbish bins and moved to fortnightly collections. Mr X says the new system is unacceptable because it does not provide enough space for all his waste.
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 Council’s decision not to provide a bigger bin. I also considered information on the Council’s website and our Assessment Code.
My assessment
The Council introduced a new waste collection service; the aim is to promote recycling and reduce waste. Most households have a 180 litre bin for refuse which is collected every two weeks. The Council collects food waste every week and recycling every two weeks. Large families or families with some clinical needs or young children in nappies, may qualify for a larger bin.
Mr X applied for a larger bin. The Council assessed the information he provided but found that as his household consists of four people, with no evidence of medical need or young children, he does not qualify for a larger bin. The Council explained that 180 litres every two weeks should be sufficient provided Mr X recycles as much as possible and uses the weekly food service.
Mr X disagrees with the Council’s decision. He says the Council will not take excess waste and the reduction in bin size, and the move to fortnightly collections, is not sufficient. He complains he has to store excess waste in his garden or go to the waste and recycling centre. Mr X wants an extra bin.
I will not start an investigation because there is insufficient evidence of fault by the Council. The provision of a 180 litre bin, and fortnightly collections, reflects the policy so there is no reason to start an investigation. In addition, the Council only offers bigger bins to households that meet certain conditions and Mr X’s does not meet those requirements.
I appreciate Mr X thinks the new system is unacceptable but we do not act as an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with. We have no power to tell the Council it must provide Mr X with a bigger bin and we cannot change the policy. If Mr X thinks the policy should be changed then that is an issue he can raise with local councillors. It is not our role to set policy or tell a council how it should operate its refuse services.
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