Summary: We will not investigate Mr X’s complaint about the Council’s arrangements for collecting commercial waste. This is because there is not enough evidence of fault by the Council or that Mr X has been caused any personal injustice.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s arrangements for collecting commercial waste. Mr X says commercial waste left on the street for collection is unsightly. Mr X wants the Council to change its arrangements.

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

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How I considered this complaint

3. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

4. Mr X complained to the Council about its collection arrangements for commercial waste. Mr X says commercial waste left on the streets is “an eyesore” which worsens crime and anti-social behaviour. Mr X has suggested the Council collect waste directly from the inside of premises.
5. The Council has responded to Mr X. It said the contract it has with businesses to collect their waste states it must be placed outside at the agreed time. The Council’s contractor is not insured to collect waste from within premises. With over 3,500 businesses to collect waste from it would be impossible to collect from the inside of each.
6. I understand Mr X feels strongly about commercial waste being left on the street for collection. But it is for the Council, not the Ombudsman, to decide what arrangements to make for collecting waste in its area. The Council has explained its current system to Mr X and has provided what I consider to be a proportionate and reasonable response. Also, Mr X does not live in the Council’s area. Its arrangements for collecting commercial waste do not therefore directly affect him. Based on the information I have seen, there is not enough evidence of fault by the Council or personal injustice to Mr X to warrant our involvement.

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Final decision

7. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault by the Council or that Mr X has been caused significant personal injustice.

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Investigator's decision on behalf of the Ombudsman