The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a Council decision to introduce a collection point for his household waste collections. There is insufficient evidence of fault to warrant an investigation.
The complaint
Mr X complains about a Council decision to introduce a collection point for his household waste collections. He says this has caused inconvenience and a health and safety risk for him and other residents, who now have to move their bins to and from the collection point each week. He wants the Council to reinstate his waste collection from his property boundary.
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 or continue 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint response, the Council said that due to multiple missed collections over several months, it had competed a site assessment to review its collection arrangements. The assessment concluded that collection crews could not safely manoeuvre vehicles or safely move containers to and from each individual property, making the collection point necessary. It said it had considered the impact of introducing a collection point on residents, but on balance, considered the decision to introduce a collection point reasonable and proportionate. If said if any residents were unable to move their bins due to medical reasons, disability or reduced mobility, they could apply for an assisted collection.
We will not investigate this complaint. It is for the Council to decide its arrangements for household waste collections. It appears to have appropriately considered the matter and explained its reasoning for introducing the collection point to Mr X. There is insufficient evidence of fault to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman