Northampton Borough Council (19 008 697)
Category : Environment and regulation > Refuse and recycling
Decision : Not upheld
Decision date : 09 Dec 2019
The Ombudsman's final decision:
Summary: Ms B complains about problems with her bin collection. The Ombudsman has discontinued his investigation because the Council has resolved the problem.
The complaint
- Ms B complains about problems with her bin collection. She says the collection crews have failed to collect her bins on several occasions.
The Ombudsman’s role and powers
- 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
- 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 have considered the information provided by Ms B and information provided by the Council.
What I found
- The Council has a legal duty under the Environmental Protection Act 1990 to collect household waste and recycling free of charge.
- Ms B had problems with missed bin collections between February and April 2019. She made a formal complaint to the Council and the matter appeared to be resolved. However, the problem started again in August 2019. She complained to the Ombudsman.
- In September 2019 one of the Council’s waste supervisors began visiting Ms B’s property to check whether the crews had taken her waste. Ms T has confirmed that she has had no problems with her bin collections since then.
- I am satisfied the Council has taken action to resolve the problem. There is nothing more the Ombudsman can achieve so I will not pursue the complaint further.
Final decision
- I have discontinued my investigation on the basis that there is nothing more I could achieve for Ms T by investigating her complaint further.
Investigator's decision on behalf of the Ombudsman