The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to allocate a bin to the complainant’s property instead of a bag. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, wants the Council to allocate a bag rather than a bin for the domestic 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 Ms X. I also considered information on the Council’s website and our Assessment Code.
My assessment
The Council allocates a bin to every property unless there are more than two steps to the front of the property or there is not enough space to store a bin. When the Council decides a property is unsuitable for a bin, it allocates a bag instead.
The Council assessed Ms X’s property as being suitable for a bin. Ms X asked the Council for a bag. Ms X says she generates very little waste and does not need a bin. She also says a bin will scar her garden. Ms X would like a bag which she can keep inside.
The Council denied Ms X’s request for a bag because it had assessed her property as being suitable for a bin and it must apply the conditions for bags and bins consistently.
I appreciate Ms X would prefer to have a bag but I will not investigate the complaint because there is insufficient evidence of fault by the Council. The Council assessed Ms X’s property as being suitable for a bin and I have not seen anything to suggest this is not correct. Ms X explained why she would prefer a bag but personal preference is not listed as one the container allocation criteria. The Council’s decision to offer a bin reflects the policy so there is no reason to start an investigation. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
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