City of York Council (18 018 543)
Category : Environment and regulation > Refuse and recycling
Decision : Upheld
Decision date : 29 Apr 2019
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council dealt with his purchase of a second garden waste bin. The Ombudsman will not investigate this complaint. This is because the Council has confirmed it intends to provide a reasonable remedy.
The complaint
- Mr X complains about the way the Council dealt with his purchase of a second green waste bin. He wants the Council to provide him with the sticker showing he has paid for the second bin collection. And to ensure it is collected.
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)
How I considered this complaint
- I considered the information provided by Mr X and the Council. Mr X can comment on this draft decision.
What I found
- Mr X ordered and paid for a second green waste bin from the Council. The Council should have delivered a wheelie bin and a sticker. The sticker is to show the refuse collectors the owner has paid for the second bin collection.
- The Council after a 3-week delay and a complaint by Mr X, the Council delivered the bin. But it did not provide the necessary sticker. Because of this, refuse collectors did not empty the bin.
- Mr X telephoned the Council. He says he was told the printer was broken. However, he has not received the sticker and the Council has failed to respond to his complaint.
- Following my enquiry, the Council has recognised it has failed to provide Mr X with the sticker or respond to his complaint. It has advised it will:
- refund a year’s free subscription for the second garden waste service
- make sure Mr X has stickers for both bins
- update its records to show the subscription for the year and ensure collections happen
- It will also:
- Apologize to Mr X for the difficulties caused by the failure to provide the sticker and update its records showing the paid for subscription, meaning the customer lost out on collections between September and November
- Apologize to Mr X for the difficulties caused because of the failure to respond to the complaint
Final decision
- I will not investigate this complaint. This is because the Council has accepted it is at fault advised it will provide a suitable remedy.
Investigator's decision on behalf of the Ombudsman