Summary: The Ombudsman will not investigate Mr B’s complaint about the Council’s failure to make later collections from recycling bins close to his home. This is because there is no evidence of fault by the Council sufficient to warrant an investigation and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr B, says the Council has failed to act on his request that it carry out later waste collections from recycling bins close to his home. He says he and his family are woken up and caused stress from the early collections. He also complains the Council gave his details to its waste contractors when dealing with this matter.

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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 or continue with an investigation if we believe:

• it is unlikely we would find fault, 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)

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision.

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What I found

5. Mr B and his family live in a flat above a row of shops. In the front of their block is a large car park at the centre of which are six large recycling bins which are emptied 3 times a week at around 7am by the Council’s contractors.
6. For over a year Mr B has made numerous complaints to the Council about the noise caused by the early collections which he says wake his family up and which cause his autistic daughter particular distress.
7. In response to his complaints the Council contacted its contractors to stop collections before 7am and to ask that they make as little noise as possible. However, it told Mr B that the later collection time of 8am that he said he wanted would not take place because he lives in a busy neighbourhood shopping area and later collections would impact on visitor safety and potentially damage cars in the car park.

Assessment

8. Mr B says he wants the Council to respond and do something about his complaint. However, the Council has responded but unfortunately it is not able to comply with Mr B’s request. It has explained why earlier collections will not be made and while this is disappointing for Mr B it is not evidence of fault by the Council.
9. Mr B believes he has received a poor service but I have seen no evidence of fault by the Council which would warrant an investigation by the Ombudsman.
10. If Mr B is concerned about information the Council passed on to its contractors, he can contact the Information Commissioner with his concerns.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council sufficient to warrant an investigation and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman