The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant’s property has enough space to store a rubbish bin. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mrs X, complains the Council says she must use a bin for her waste even though she has explained she does not have enough room. Mrs X wants the Council to allow her to use a bag.
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 Mrs X. This includes the complaint correspondence and photographs provided by Mrs X. I also considered photographs of the property from the internet and our Assessment Code.
My assessment
The Council issues bins to all properties unless the property is unable to store a bin, there are too many steps, or the Council uses a specialist vehicle.
The Council assessed Mrs X’s property and decided she has space at the front of the property for a bin.
Mrs X disagrees with the decision because she uses some of the front garden as a storage area. She says it would be difficult and inconvenient to regularly move the bin to access items in the storage area.
In response to Mrs X’s complaint the Council re-checked its decision and confirmed the property does have enough space for a bin.
Mrs X has sent us photographs of the storage area with the bin inside it. I have looked at images of the property on the internet and there are other places, within the front curtilage of the property, where Mrs X could keep a bin. This may not be the way Mrs X would like to use the space, and she does not think keeping the bin in the storage area is practicable, but I see nothing to suggest fault in the Council’s decision that the property has space for a bin. We are not an appeal body and we do not start an investigation because someone disagrees with a decision. The Council’s decision reflects the policy so there is no reason to investigate the complaint.
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