Summary: We will not investigate this complaint about the Council’s response regarding spills during refuse collections. This is because the Council has provided a fair response and there is not enough injustice to require an investigation. In addition, the complainant could complain to the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council did not reply after she reported a mess that was caused during a refuse collection. Mrs X wants the Council to respond. She also says there has been a data breach.

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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:

• the Council has provided a fair response, or
• the injustice is not significant enough to justify our involvement.

(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. I read the complaint and the Council’s response. I considered comments Mrs X made in reply to a draft of this decision.

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What I found

What happened

5. Mrs X reported that the collection crew had left a disgusting mess on the ground after they emptied the contents of one bin into another. She says this happened several times. She complained to the Council two weeks later because she had not had a reply to her report. She also complained that someone had been taking photographs outside her house which Mrs X says is a data breach. Mrs X also contacted the contractor about the spills.
6. In response the Council apologised for a delay in replying to her complaint. It said it had reminded the contractor that emptying bin contents into other bins was not part of the agreed policy. It said it had implemented monitoring at some locations and this may involve taking photographs. It said the crews had not been given information about specific residents. The Council thanked Mrs X for her feedback.
7. Mrs X says she received a reply from an officer who works for the contractor. He apologised and said he would get the issue resolved.
8. Mrs X was dissatisfied with the Council’s reply and said she had contacted her MP. She said the Council had done nothing to help her. In response the Council said it had nothing further to add to its first response.

Assessment

9. I will not start an investigation because the Council has provided a fair response. It thanked Mrs X for her feedback and explained it had reminded the crew to stop emptying bins into other bins which was what had caused the spills. It also implemented monitoring at locations where there had been problems. In addition, Mrs X received a similar response from the contractor. Once this response is taken into account there is not enough remaining injustice which requires an investigation. In addition, Mrs X needs to allow time for the Council’s instructions and increased monitoring to be implemented.
10. I appreciate the Council’s response could have been a bit quicker but the delay is not such that an investigation is needed. Mrs X says there was more than one incident but these occurred before the Council reminded the contractor that the decanting practice is not permitted. Mrs X has repeated she did not get the Council’s reply but she did see it because she expressed dissatisfaction with it.
11. Mrs X says taking photographs outside her house is a data breach. I will not investigate this issue because Mrs X could complain to the Information Commissioner (ICO). It is reasonable to expect her to do this because the ICO is the appropriate body to consider complaints about data protection.

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Final decision

12. I will not start an investigation because the Council has provided a fair response and there is not enough injustice to require an investigation. In addition, Mrs X could complain to the ICO.

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Investigator's decision on behalf of the Ombudsman