Birmingham City Council (19 014 070)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 03 Feb 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate this complaint about the Council emptying all types of rubbish into the same collection vehicle. This is because there is insufficient evidence of injustice.

The complaint

  1. The complainant, whom I refer to as Mrs X, complains that the Council is failing to separate the rubbish, recycling and garden waste and is placing it all in the same van.

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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 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

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

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What I found

What happened

  1. Mrs X complained to the Council that it was failing to separate the different types of waste. She said the rubbish, recycling and garden waste were being put into the same collection van.
  2. In response, the Council explained that it sometimes uses the same van, to catch up, if there has been a missed collection. It accepted this is not ideal and said normal collections will resume as soon as possible. It said it is introducing new vehicles over the next few months which should improve the service.

Assessment

  1. Mrs X has expressed understandable concerns about the Council not always separating the waste. However, while I can appreciate her annoyance and frustration this does not represent a level of injustice which requires an investigation.

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Final decision

  1. 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

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