Bristol City Council (23 016 619)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 05 Mar 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s waste recycling collection. There is insufficient evidence of significant personal injustice which would warrant an investigation.

The complaint

  1. Mr X complained about the Council’s recycled waste collection service. He says glass and packaging has been left on the public highway on occasions and the waste containers have been damaged or not returned to the properties but left in the footway and roadside.

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The Ombudsman’s role and powers

  1. 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, or
  • any fault has not caused injustice to the person who complained, or
  • any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A (6), as amended, section 34(B))

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How I considered this complaint

  1. I considered the information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X says in November 2023 the recycling waste collections service left recycling debris in the road and pavement which is a hazard to his dogs as there are food containers included. He also says his recycling bin was damaged and on occasions not returned to the frontage of his home.
  2. Mr X complained to the Council and it apologised for the problems he had experienced. It said the area was being served by a new and unfamiliar crew and supervisors would be asked to monitor the service. Mr X was dissatisfied with the response and escalated his complaint. He then complained to us.
  3. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
  4. The Council has investigated Mr X’s complaint, apologised for any failings and sought to make sure further problems do not occur in future. The containers are the property of the Council and Mr X should ask it to replace any which have been broken by its waste service.

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Final decision

  1. We will not investigate this complaint about the Council’s waste recycling collection. There is insufficient evidence of significant personal injustice which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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