Aylesbury Vale District Council (19 004 959)

Category : Environment and regulation > Refuse and recycling

Decision : Upheld

Decision date : 02 Sep 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about problems with a bulky waste collection. This is because the Council has provided a fair and proportionate remedy.

The complaint

  1. The complainant, whom I refer to as Mr X, complains about an error the Council made in relation to a bulky waste collection.

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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’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the Council has provided a fair remedy. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

  1. On 20 June Mr X paid £75 for a bulky waste collection. He explained the items needed to be collected from the back of his business. Mr X says he made it clear they were commercial items from a shop. The Council arranged the collection for 24 June.
  2. In the interim a scrap metal dealer offered to take the items. Mr X declined because he had arranged a collection with the Council.
  3. The Council called Mr X on 24 June. The officer left a message saying the Council had taken the booking in error. The officer explained the Council does not collect commercial waste through the bulky waste service. The officer apologised and said Mr X would receive a full refund.
  4. Mr X complained. He said the Council should honour the arrangement. He said the Council should make alternative collection arrangements and cover any additional costs he incurs.
  5. In response the Council apologised for the booking error but said it does not collect commercial waste. It confirmed, on 1 July, that Mr X had received the £75 refund. It explained the issue would be raised with the officer as a training need. The Council said it would not arrange an alternative collection.

Assessment

  1. I will not start an investigation because the Council has already provided a fair and proportionate response. It has apologised, accepted it made an error, provided a full refund, and identified a training need. This was a fair response.
  2. The Ombudsman aims to put people back in the position they would have been in if the error had not happened. In this case, if the Council had rejected the booking, Mr X would have retained the £75 and had to make alternative collection arrangements. The Council has refunded the £75 and Mr X now needs to make alternative arrangements. I appreciate Mr X rejected the offer from the scrap metal dealer but this does not mean the Council’s remedy is inappropriate or that there is anything that requires an investigation by the Ombudsman.

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Final decision

  1. I will not start an investigation because the Council has provided a fair remedy.

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Investigator's decision on behalf of the Ombudsman

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