Summary: The Ombudsman finds fault with the Council for failing to properly consider Mr B’s personal circumstances when it refused to provide a larger waste bin. The Council agrees actions to remedy the injustice it caused.

The complaint

1. Mr B complains the Council refused to provide a bigger non-recycling waste bin. He says this causes him inconvenience because he has to make a weekly journey to the tip to dispose of the additional waste that will not fit in his bin.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered all the information Mr B provided with his complaint. I made enquiries with the Council and considered its response with the relevant law, guidance and policy.
5. Mr B and the Council had the opportunity to comment on my draft decision. I considered all the comments I received.

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What I found

Council new or replacement bin policy

6. Households are eligible for a larger waste bin if there's:
• At least five permanent residents in the house.
• At least two children under the age of three using disposable nappies.
• A clinical waste requirement.

What happened

7. Mr B and his family moved house. The new house has a small non-recyclable waste bin. Mr B has two children, aged two and four years, both wear nappies.
8. Mr B requested a larger bin from the Council because he was unable to fit all his non-recyclable waste in the small bin. Mr B says he has to make a weekly journey to the local tip to dispose of the waste he can’t fit in his bin.
9. The Council said it would not provide a larger bin because the criteria for a larger bin is not met. Mr B’s oldest child is four years old and the upper age limit in respect of disposable nappies is three.
10. Mr B complained to the Council. In its final response it said its policy is not intended to discriminate against children who develop certain skills more slowly than others. It goes on to reiterate its policy and declines to provide Mr B with a bigger bin.
11. Mr B remained dissatisfied and complained to the Ombudsman.
12. In response to my enquiries the Council said:

“…after reviewing Mr B’s original request for a larger bin, it appears his exceptional circumstances had not been fully explored. They are now arranging the delivery of a new larger bin for Mr B and apologise for any inconvenience caused”.

My findings

13. Councils have a duty to collect household waste free of charge, but they can limit the number of bins they are prepared to collect. The council can tell residents where to put their bin, and what they can and can’t put in it. The council can impose other rules too, provided they are not unreasonable
14. However, the Council should consider if a residents personal circumstances make it difficult for them to comply with the council’s requests.
15. Where legislation gives a Council discretion to make decisions the Council must allow itself to consider each decision on its own merits. The Council must not ‘fetter’ its discretion by applying a rigid or one-size-fits-all policy to all applications without considering the specific facts of each case.
16. I find fault with the Council for failing to consider Mr B’s personal circumstances when it declined to provide a bigger bin. It has now accepted Mr B’s request, but only after Mr B brought his complaint to the Ombudsman.

Agreed action

17. Within one month of my final decision the Council agrees to:
• Apologise to Mr B.
• Pay Mr B £150 for the inconvenience it caused him.
• Pay Mr B £50 for his time and trouble pursuing his complaint.
18. Provide Mr B with a bigger bin as indicated in its response to the Ombudsman.
19. Within two months of my decision the Council agrees to:
• Review its bin policy to ensure it is fair, reasonable and non-discriminatory.
• Remind relevant officers of the importance of considering the specific facts of each case when reaching a decision to avoid fettering discretion.

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Final decision

20. I find fault with the Council causing injustice.

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Investigator's decision on behalf of the Ombudsman