Cornwall Council (19 019 531)

Category : Environment and regulation > Other

Decision : Closed after initial enquiries

Decision date : 29 Jun 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about the Council’s waste collection service. It is unlikely he would find evidence of fault by the Council causing the complainant injustice that would justify his involvement.

The complaint

  1. The complainant, who I refer to here as Mr B, is disabled. He says the Council has discriminated against him because of his disability. In particular, he says there have been occasions when it has not collected his waste or has not returned his bin to the correct place.

Back to top

The Ombudsman’s role and powers

  1. 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’.
  2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
  • it is unlikely we would find fault;
  • the 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)

Back to top

How I considered this complaint

  1. I have considered what Mr B said in his complaint and background information provided by the Council, including its responses to his concerns. Mr B commented on a draft before I made this decision.

Back to top

What I found

  1. The Council says it provides an assisted bin collection service to Mr B in recognition of his disability.
  2. It appears Mr B has contacted the Council’s waste contractor on occasion because of issues with the collection. Most recently, it placed a sticker on his bin saying he had placed an item in the incorrect bin.
  3. In May 2019, the Council asked Mr B to contact it directly about any issues so it could take them up with its contractor. There is nothing to suggest he has brought many such issues to the Council’s attention since that time or that the Council has discriminated against him.

Back to top

Final decision

  1. I have decided we will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council causing significant injustice to Mr B.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings