Summary: The Ombudsman will not investigate this complaint about a missed garden waste collection because there is insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a missed garden waste collection. He wants a refund and compensation for having to take the waste to the recycling centre.

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The Ombudsman’s role and powers

2. 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 we believe the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered the terms and conditions for the garden waste collection service. I invited Mr X to comment on a draft of this decision.

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What I found

Garden waste collections

4. The Council collects garden waste for 10 months of the year. The charge is £45 a year which equates to about £1.07 per collection. The Council does not give refunds for missed collections when the resident has not presented the bin for collection.

What happened

5. Mr X paid for the garden waste collection service. He presented the bin for collection but the Council did not take the waste.
6. Mr X complained to the Council who told him the crew did not empty the bin because he had not presented it for collection. Mr X says this is incorrect. He says he did present the bin for collection.
7. Mr X says he did not get the service he paid for. He had to take the waste to the recycling centre. Mr X estimates this cost him £3.60 in petrol. Mr X wants a refund for not getting the service he paid for and for the cost of going to the recycling centre. He also wants the Council to change the terms and conditions.

Assessment

8. Missed collections are annoying, frustrating and inconvenient. And, these feelings may be enhanced when the problem relates to the garden waste service which has to be paid for as an additional service. However, the impact of one missed collection, and a financial loss of less than £5, does not represent a level of injustice which requires an investigation by the Ombudsman. In addition, I would not be able to resolve the dispute about whether Mr X presented the bin for collection.

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Final decision

9. I will not start an investigation because there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman