Summary: The Ombudsman will not investigate this complaint about a missed recycling collection and information provided by the Council. This is because there is insufficient evidence of fault and injustice.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council failed to take her recycling for one collection. She also says the Council does not explain what items cannot be placed in the recycling bin.

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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’s response. I considered information on the Council’s website and comments Ms X made in reply to a draft of this decision.

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What I found

Council website

4. The website gives information about which items can be placed in which bins. The website says people can take wood to the household waste and recycling centres. The website does not say people should not be wood in the recycling bin.

What happened

5. The Council did not empty Ms X’s recycling bin. The Council put a sticker on the bin to say it was contaminated but it did not provide details about what item had contaminated the bin. A few days later Ms X found out the bin was not emptied because she had put some wood in it. Ms X had previously put wood in the bin without any problems.
6. Ms X complained to the Council that the leaflets which explain which bin to put items in did not say she could not put wood in the recycling bin.
7. In response the Council said the leaflets are intended to give general information and cannot list every item that someone may wish to dispose of. It said the recycling bins are mainly for items which can be recycled such as paper, glass and plastic. It said there is more information on the website including advice that people can take wood to the recycling centre.
8. Ms X is dissatisfied with the reply. She says her mother had to take the recycling to the tip for her. Ms X felt humiliated and now panics when she puts the bins out. Ms X wants an apology and for the Council to add wood to the list of items which cannot be placed in the recycling bin. She also says the sticker should explain why the bin is contaminated.

Assessment

9. I will not start an investigation for the following reasons.
10. The Council did not empty the bin because it was contaminated. The Council has explained that it cannot provide a list of every item that cannot be recycled. However, the website says people can take wood to the recycling centre which implies that it should not be placed in the recycling bin. In addition, the sticker is intended to alert someone of a contamination problem and if it is not clear what the problematic item is then the person can get more information from the Council. There is no suggestion of fault in the Council’s decision not to collect the recycling and not to change the information. It is for the Council, not the Ombudsman, to decide what information to provide about the recycling service.
11. I also will not start an investigation because there is insufficient evidence of injustice. Missed collections are annoying and frustrating but the impact of one missed collection does not require an investigation by the Ombudsman. In addition, Ms X now knows she cannot put wood in the recycling bin.

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Final decision

12. I will not start an investigation because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman