The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to issue the complainant with a larger bin. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, complains the Council will not issue a larger rubbish bin. She needs a bigger bin for medical reasons.
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 Ms X and the Council. This includes the complaint correspondence. I also considered the Council’s bin policy and our Assessment Code.
My assessment
The policy says the Council provides a 140 litre bin for households of up to four people; a 240 litre for households of up to eight people; and a 360 litre bin for households with nine or more members. The bin provision can be increased on medical grounds.
There are four people in Ms X’s household. One member has a medical condition which generates extra rubbish. In recognition of this, the Council issued Ms X with a 240 litre bin which is the size it would normally issue to a family of up to eight people.
Ms X is unhappy with the bin provision and wants a larger bin or a second bin. She says there are households with a second bin.
In response to her complaint the Council said it had provided a larger bin than would normally be the case for a household of four. It also said households should not have two bins and it removes the second bin when it becomes aware.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the Council has already issued a larger bin in recognition of the medical need.
I acknowledge Ms X remains unhappy but there is nothing in the Council’s response that requires an investigation. This is because its decision reflects 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