Arun District Council (23 019 134)
Category : Environment and regulation > Refuse and recycling
Decision : Upheld
Decision date : 29 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaints about its waste collection service. This is because the Council has already provided Mr X with a satisfactory remedy during its complaints process.
The complaint
- Mr X complained the Council delayed responding to his complaints about the waste collection service in his area.
The Ombudsman’s role and powers
- 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:
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council over approximately four months regarding the waste collection service in his area. He said the contractors regularly failed to correctly return wheeled bins to a communal bin store and apply locks to the bins. Mr X says he visited the Council in person several times as well as making phone calls and emails which put him to time and trouble. Mr X says the issues have since improved.
- The Council visited Mr X in person to discuss the complaint and wrote to him to acknowledge there had been a delay in responding to the issues he raised. The Council explained it had recently changed its contract management service and this meant it would be able to better track complaints of a similar nature in future. The Council offered Mr X a £50 financial award in recognition of the inconvenience caused to him.
- Mr X remains unhappy with the situation and wants the Council to provide an increased financial award. The Ombudsman does not level punitive measures against councils and primarily looks to remedy the injustice caused to a complainant though service improvements. The Council has visited Mr X in person, made changes to its service and provided Mr X with goodwill award that is in line with the Ombudsman’s approach. These were satisfactory actions for the Council to take.
Final decision
- We will not investigate Mr X’s complaint because the Council has already provided Mr X with a satisfactory remedy during its complaints process.
Investigator's decision on behalf of the Ombudsman