Summary: The Ombudsman will not investigate Mr X’s complaint about changes to the Council’s garden waste collection service. This is because the Ombudsman cannot investigate something that affects most of the people living in a council area and it is unlikely we would find fault.

The complaint

1. Mr X complains that Council stopped garden waste collection and took away his wheelie bin in October 2019.
2. Mr X complains that he paid for this service through his council tax for the rest of this financial year and has not got the service he paid for.

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The Ombudsman’s role and powers

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 it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
4. 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)

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How I considered this complaint

5. I have considered Mr X’s complaint to the Ombudsman and the information he provided. I have written to Mr X with my draft decision and considered his response.

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What I found

6. The council removed the garden waste collection service in October 2019. The council offered a free service until April 2020 if a resident subscribed to the new chargeable service before April 2020.
7. The council proposed to introduce an annual charge of £65 per bin to collect garden waste from residents from April 2020.
8. Mr X complained to the Council about this decision and requested the return of his wheelie bin until April 2020 as he had paid for this service through his council tax.
9. The Council advised Mr X that council tax is not a direct payment for individual services received.

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Analysis

10. The Environmental Protection Act 1990 outlines a council has a duty to collect household refuse and recycling. Collecting garden waste is a discretionary service. The Council does not have to collect garden waste and can charge for any service it provides. People can choose whether to pay for the service or make alternative arrangements.
11. I would not find fault with the Council’s decision to remove Mr X’s garden waste collection in October 2019 as his council tax does not provide a direct payment for this service.
12. The law says the Ombudsman cannot investigate something that affects most of the residents in a council area. A complaint about the introduction of a charge across the entire council is outside the Ombudsman’s legal remit.

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Final decision

13. My decision is that the Ombudsman will not investigate this complaint. This is because the Ombudsman cannot investigate something that affects most of the people living in the area and it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman