Summary: Mr X complained about the Council’s decision to change its recycling collection to 5:00am instead of 6:30am, because of Covid-19. We will not investigate this complaint as it is unlikely we would find fault by the Council or significant injustice caused to Mr X.

The complaint

1. Mr X complained about the Council’s decision to change its recycling collection to 5:00am instead of 6:30am, because of Covid-19. This led to Mr X and other neighbours being woken up, causing them stress and lack of sleep. Mr X is in his 70s and has health issues.

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The Ombudsman’s role and powers

2. This complaint involves events that occurred during the Covid-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to Covid-19”.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the injustice is not significant enough to justify our involvement.

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

4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered the information Mr X provided when he complained.
6. I considered Mr X’s comments on my draft decision.

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What I found

7. The Council changed bin collection arrangements due to Covid-19, to stagger its staff arriving at the depot so they would come into less contact with other crews. Mr X wrote to the Council to complain, as this meant his bins were collected at 5:00am. This woke him and his neighbours up. Mr X is in his 70s and has health issues, and he says this has caused him stress.
8. We cannot question whether the Council’s decision is right or wrong simply because Mr X disagrees with it. If we investigated this complaint, it is unlikely we would find the Council at fault. The Council has explained its decision, and the law does not restrict the times councils are allowed to carry out bin collections.
9. In any event, I also do not believe we would decide Mr X had been caused a significant injustice. The bins are collected once a week and while the early collections understandably cause Mr X frustration, this is not significant enough to warrant an investigation by the Ombudsman.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault by the Council or that we would decide Mr X had been caused a significant injustice.

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Investigator's decision on behalf of the Ombudsman