Summary: The Ombudsman will not investigate this complaint about a temporary rubbish collection point used during the Covid-19 lockdown. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Mr X, complains that during lockdown he had to take his rubbish to a collection point about 250 yards from his home. Mr X wants the Council to to provide a kerbside collection if there is another lockdown.

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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:

• it is unlikely we would find fault, or
• 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 responses. I invited Mr X to comment on a draft of this decision.

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What I found

Council’s bin policy

4. If the Council cannot collect rubbish from the edge of someone’s property it will use another collection point. A property may be ineligible for a kerbside collection if it is situated away from the adopted highway. The Council will consult people about the location of a collection point.

What happened

5. Mr X lives above a pub. He usually puts his rubbish in with the trade waste for the pub.
6. The pub did not have a commercial waste collection service during lockdown (23 March until 4 July). Mr X called the Council and asked it to collect his rubbish. The Council arranged for him to leave his rubbish about 250 yards away at a collection point.
7. Mr X complained because he wanted the Council to collect from the kerbside.
8. In response the Council explained that it cannot collect from his property as the collection vehicles are very large and are not insured to drive on private roads. It explained that due to the sudden nature of the lockdown there was no time to consult on the position of the collection point. It also said it was a temporary arrangement.
9. Mr X is dissatisfied with the reply. He says the Council collects fly tipping and empties public bins. He had to take his waste to the tip, in the car, which was inconvenient. He is now using the commercial waste collection service but wants the Council to provide a kerbside collection if there is another lockdown.

Assessment

10. I will not start an investigation for the following reasons.
11. There is insufficient evidence of fault by the Council. The policy says the Council will collect from a collection point if a property is ineligible for a kerbside collection. The Council’s refuse trucks are very heavy and may damage a private road. To avoid being liable for any damage caused by the trucks the Council does not provide a kerbside collection along private roads. For this reason the Council designated a collection point away from Mr X’s home. It was unable to consult with Mr X about the location due to the sudden nature of the lockdown. However, it did provide Mr X with a refuse collection service.
12. I also will not start an investigation because there is insufficient evidence injustice. Mr X would have preferred a kerbside collection but this was a temporary measure which has now stopped. I appreciate he found the arrangement inconvenient but this, combined with the lack of fault, is not sufficient injustice to warrant an investigation. In addition, Mr X does not know if the commercial waste service will be suspended again.

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Final decision

13. I will not start an investigation because there is insufficient evidence of fault and injustice.

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Investigator's decision on behalf of the Ombudsman