Summary: We will not investigate Mr X’s complaint that the Council failed to collect his recycling bin and about its complaints process. This is because there is insufficient evidence of fault or injustice.

The complaint

1. Mr X complained the Council failed to collect his recycling bin and about the Council’s contracted waste management service’s complaints process.
2. Mr X says the matter caused him frustration.

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The Ombudsman’s role and powers

3. 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 injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended.

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How I considered this complaint

5. I considered information Mr X and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

6. In September 2023 Mr X’s recycling bin was not collected by the Council’s contracted waste management service. Mr X contacted the Council’s supplier and complained. The supplier told Mr X it did not collect his recycling because it was contaminated.
7. Mr X then complained to the Council. He said the contractor failed to accept his complaint by phone and had signposted him to its website. Mr X also sent the Council photographs of his recycling bin. The Council responded saying it had seen evidence the bin was contaminated the decision to not collect his recycling bin was correct.
8. Mr X later approached us.

Analysis

9. 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 a serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
10. Mr X says he could not complain to the contractor by phone and says this was discrimination because of his disability. However, Mr X was able to complain and spoke to the contractor by phone. Mr X was then able to engage in the Council’s complaints process, and the Council acted to escalate the complaint. Therefore, there is not enough evidence the matter caused Mr X a significant injustice to warrant further investigation.
11. We will also not investigate Mr X’s complaint further because there is insufficient evidence of fault. The Council considered Mr X’s evidence and decided the recycling bin contained items not allowed by the Council’s recycling policy.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence fault or injustice.

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Investigator's decision on behalf of the Ombudsman