Decision : Closed after initial enquiries
Decision date : 20 Mar 2018
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr B’s complaint about missed bin collections. The Council is not responsible for the issue being raised.
- The complainant, whom I shall Mr B, complains about missed domestic waste collections from his house and being turned away from a recycling centre when he tried to dispose of his waste there.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
- I have considered the information Mr B provided when he made his complaint. I sent a draft decision to Mr B and invited comments.
What I found
- We cannot investigate Mr B’s complaints about his missed bin collections because Surrey County Council is not responsible for these. Mr B’s waste is collected by a different authority and he needs to complain to them. The Council has clearly explained this to Mr B when he has complained.
- Mr B also complains he was turned away from the recycling centre on two occasions in May 2017. We will not investigate this complaint. The Council has asked Mr B to provide more information so it can investigate and he has not provided this. If Mr B remains unhappy about being turned away, he needs to provide the information the Council has asked for so it can consider the complaint under its complaints process. We cannot consider this complaint until Mr B has completed the Council’s complaints process
- The Ombudsman cannot investigate this complaint. This is because the Council is not responsible for the domestic waste collections and Mr B has not provided information to allow the Council to consider his complaint about being turned away from the recycling centre.
Investigator's decision on behalf of the Ombudsman