Summary: We will not investigate this complaint about the Council’s green waste collection service. This is because we cannot achieve the outcome the complainant wants by investigating his complaint.

The complaint

1. The complainant, Mr X, complained about the Council’s green waste collection service.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. Mr X has had the opportunity to comment on my draft decision. I considered any comments received before making my final decision.

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My assessment

6. Mr X says he signed up for the Council’s green waste collection service, paying £136 for two bins. The Council missed a collection and Mr X asked about getting a refund. The Council refused this request on the basis this was not in line with their terms and conditions. Mr X told us he contests the Council’s view on his complaint.
7. The Council considered Mr X’s complaint. It said, as Mr X lives in a block of flats, he should not have been able to register for the garden waste collection. It apologised and issued a refund.
8. Mr X wants the Council to review the terms and conditions of the garden waste service to make it available to all council tax payers who want the service. He wants the Council to alter the terms and conditions of such a service referring to refunds. He said they do not comply with consumer law.
9. We cannot achieve the outcome Mr X wants by investigating his complaint. There is no requirement on councils to offer a garden waste collection service. The Council has reached a policy decision regarding its garden waste collection and we have no powers to overrule this. A court of law is the appropriate body to rule on whether the Council’s terms and conditions comply with the law.

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Final decision

10. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants by investigating his complaint.

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Investigator's decision on behalf of the Ombudsman