Summary: We will not investigate this complaint about a missed garden waste collection. This is because the information does not suggest the Council was at fault. Also, Mrs B has not suffered a significant or serious injustice which would justify an investigation.

The complaint

1. Mrs B complains about a missed collection of her garden waste which she pays the Council to collect. Mrs B says the bin could not be emptied because the contents were frozen. But, after another failed attempt to empty the bin later that day, the Council told her she would have to wait until the next scheduled collection.
2. Mrs B says she has paid for a collection which did not happen. Mrs B says she would have expected the Council to return on another day or offer her a refund or credit.
3. Mrs B also complains the Council twice addressed her as Mr B in response to her complaint.

Back to top

The Ombudsman’s role and powers

4. 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 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))

Back to top

How I considered this complaint

5. I considered information provided by Mrs B and information on the Council’s website about the garden waste subscription service.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Councils are not required to collect garden waste. It is for each council to decide whether to collect garden waste, and if so, how to operate this service. Councils are allowed to charge residents to collect garden waste.
8. The Council has decided to charge residents to use its garden waste collection service. The service runs from mid-January to mid-December and costs £56 per year.
9. The Council’s website says if the Council is unable to empty a garden waste bin because the contents are frozen, the collection crew will try to check back later in the day. The Council says if it is not possible to return, the Council will empty the bin on the next scheduled collection day.
10. In response to Mrs B’s complaint about her missed collection, the Council said it followed its collection procedure. The Council added there would have been a number of streets where bins were not emptied due to frozen contents. The Council said it would not be possible to schedule return visits to every property to collect the waste.
11. There is not enough evidence of fault to justify an investigation of Mrs B’s complaint. The Council has acted in line with its procedure for missed collections due to frozen garden waste.
12. Mrs B considers the Council should arrange another collection or offer a refund when a collection is missed for this reason. But, it is for the Council to decide how to operate this service. It is not our role to tell the Council to operate this service differently.
13. In addition, the alleged fault has not caused Mrs B a serious or significant injustice which would justify an investigation.
14. The Council has apologised to Mrs B for referring to her as Mr B in response to her complaint. This apology was a suitable response from the Council and further involvement by the Ombudsman is not justified.

Back to top

Final decision

15. For the above reasons we will not investigate this complaint.

Back to top

Investigator's decision on behalf of the Ombudsman