Summary: We will not investigate Mrs X’s complaint about her recycling not being collected on several occasions. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, whom I shall call Mrs X, complains the Council did not collect her recycling for several weeks and did not clearly explain why it had not been collected. Mrs X would like the Council to provide a refund of her Council Tax payments for this period.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained the Council failed to collect her recycling for several weeks. She provided the Council with photographs of the recycling box on missed collections and questioned why it had not been collected.
7. In response to the complaint the Council explained the photographs Mrs X provided showed non-recyclable plastic packaging in the bin which meant the box was not collected. It advised Mrs X to remove these items and ensure any milk bottles were also rinsed out so they could be collected. On the further missed collections the contractor recorded there were again items in the bin which cannot be recycled and so it was not collected.
8. The Council’s website sets out the items that residents can place in the recycling bin. These are: aerosols; aluminium foil; cans and tins; cardboard; cartons; glass; paper; plastic bottles; plastic food tubs, food pots and food trays. The plastic packaging shown in Mrs X’s photographs is not included on the list.
9. This is not a complaint we will investigate. This is because there is no sign of fault by the Council here. The Council has explained the collections were not made because there were items in the bin that were not recyclable. The photographs Mrs X provided showed items not listed on the Council’s website. Any items in the box other than those listed will mean the bin is not collected. There is nothing further we could add to the response and explanation the Council has already provided via its own investigation here.
10. Whilst I note Mrs X’s request for a refund of her Council Tax, Council Tax is a local property tax and not a service charge. As such a refund of Council Tax is not due if a council service is not provided for any reason.

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Final decision

11. We will not investigate Mrs X’s complaint because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman