Summary: The Ombudsman has decided not to investigate Mr B’s complaint about the waste collection service in his area. This is because it has not caused Mr B a significant enough injustice to warrant an investigation by the Ombudsman. It is also likely that the matters he is complaining about affect all or most of the people in the Council’s area, which would mean the Ombudsman has no jurisdiction to investigate.

The complaint

1. Mr B complains about the recycling and waste collection service provided by the Council’s contractor since it took over in September 2018. He says that:
• The contents of some wheelie bins are tipped into other wheelie bins before being taken to the collection vehicle;
• Wheelie bins are not returned to the collection point which creates obstructions for pedestrians;
• Food waste bins are not returned to the collection point; and
• His elderly neighbour is on an assisted collection list but has received a poor and unacceptable service.

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The Ombudsman’s role and powers

2. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
3. 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 or continue with an investigation if we believe:

• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

4. When a council commissions another organisation to provide services on its behalf, it remains responsible for those services and for the actions of the organisation providing them. (Local Government Act 1974, section 25(7), as amended)

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How I considered this complaint

5. I have:
• considered the complaint and the documents provided by the complainant;
• discussed the issues with the complainant; and
• given the Council and the complainant the opportunity to comment on my draft decision.

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What I found

6. The Council has upheld Mr B’s complaints about the standard of service its contractor has provided. It says it will continue to monitor Mr B’s collections until it is satisfied they are being carried out in the correct and proper manner. Mr B says that this monitoring has not resolved the problems. I have decided that we should not investigate Mr B’s complaints because I do not consider they have caused him a significant enough injustice to justify our involvement.
7. I have also decided that we should not investigate the complaint Mr B has made on behalf of his neighbour. She has passed away since Mr B complained, and so it is no longer possible to remedy any injustice she may have suffered.
8. Mr B believes that the Council is unable to ensure the contractor provides a good service. He considers the problem is widespread.
9. In the Council’s response to Mr B’s complaint, it said that it was aware that some residents were experiencing a less than satisfactory service from its contractor and it was taking steps to address this with the contractor. It said there was a large piece of work going on in the background.
10. I consider it likely that the standard of service provided by the Council’s contractor is affecting all or most of the people in the area. As explained in paragraph two, the Ombudsman has no jurisdiction to investigate a matter which affects all or most of the people in a council’s area.

Final decision

11. I have decided not to investigate this complaint. This is because it has not caused Mr B a significant enough injustice to warrant an investigation by the Ombudsman. It is also likely that Mr B’s complaints affect all or most of the people in the Council’s area, which would mean the Ombudsman has no jurisdiction to investigate.

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Investigator's decision on behalf of the Ombudsman