Summary: The Ombudsman will not investigate Miss B’s complaint about collections of bulky items. This is because, following the Council’s offer of a refund, any remaining injustice Miss B has suffered is not significant enough to justify the Ombudsman’s involvement.

The complaint

1. The complainant, Miss B, complained that the Council refuses to collect rubbish from inside people’s homes and also stopped a third party from doing so. Miss B told us she had to pay a private firm to take away a bulky item which she could not lift down several flights of stairs.

Back to top

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
• the fault has not caused injustice to the person who complained, or
• 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)

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

4. I have considered the information Miss B provided and her comments on my draft decision.

Back to top

What I found

5. Miss B told us a third party used to collect rubbish from inside her flat without charge. But she says they told her they have stopped doing this because the Council forced them to start paying to use the rubbish tip. To put things right Miss B wants the Council to stop charging the third party to use the rubbish tip, so they can go back to collecting rubbish from people without charge, as they used to do.
6. When the Council replied to Miss B’s complaint it agreed to reimburse half of the fee Miss B paid (£30) as a gesture of good will. The Council said its collection of bulky items service is chargeable. But it recognised in this case it did not offer a site inspection by its contractors to see if they would remove Miss B’s item. The Council subsequently agreed to refund the whole of the £60 Miss B paid to the private firm. This was because of the inconvenience caused and the time taken to resolve the matter. This payment addresses the costs Miss B told us she had incurred. Any remaining injustice Miss B has suffered as a result of the Council not arranging the removal of the bulky item from her flat is not significant enough to justify the Ombudsman’s involvement.
7. Miss B remains concerned that the third party which used to collect bulky items will no longer collect non-reusable items because of the costs they would incur. The Council told her it has brought in line the third party’s access to the waste transfer station with that offered to all other similar organisations in 2019. Its view is this is a fair approach for all such organisations wishing to use the facility to dispose of non-reusable items. Miss B disagrees with the Council’s view. We cannot, however, question the merits of the Council’s decision if there is no evidence of fault in the Council’s decision-making process. The Ombudsman has no powers to order the Council to change its approach.
8. Miss B is concerned about something which could happen to her and others in the future. If it does, she or others affected can make a complaint to the Council at that time. If the matter remains unresolved, they can then bring a fresh complaint to the Ombudsman for consideration.

Back to top

Final decision

9. The Ombudsman will not investigate this complaint. This is because, following the Council’s offer of a refund, any remaining injustice Miss B has suffered is not significant enough to justify the Ombudsman’s involvement.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman