Summary: We will not investigate this complaint about waste collection as there is insufficient evidence of fault by the Council to justify our further action.

The complaint

1. Mrs X complains the Council will not provide her with an alternative means of waste collection. Mrs X says neither of her gardens can be used for bin storage. Mrs X also complains the Council failed to provide information she had requested from it.

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The Ombudsman’s role and powers

2. 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))
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection/access to information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has explained to Mrs X its duties and powers under the Environmental Protection Act 1990, and its own policy, in respect of domestic waste collection. In its view, there is sufficient space in Mrs X’s front garden to store waste bins. It will not therefore provide alternative waste receptacles to her.
8. We could only question this decision by the Council if there was clear evidence of fault in the way it was made. While I recognise Mrs X is unhappy with it, she has not provided such evidence, and it is unlikely we would find fault if we did investigate. The Council is entitled to take such a position under the law and its policy. In coming to this decision, I have also viewed Mrs X’s property on a street view mapping programme. This did not suggest the Council’s decision could be said to be unreasonable.
9. The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of upholding information rights. It is best placed to respond to Mrs X’s complaint that the Council did not supply information she requested. We will not therefore investigate this aspect of the complaint.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council and the complaint about information rights is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman