City of York Council (21 003 277)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 18 Jun 2021

The Ombudsman's final decision:

Summary: We will not investigate Mrs B’s complaint about bin collections, because the injustice she claims is not serious enough to warrant our involvement and the use of public money.

The complaint

  1. Mrs B says Council refuse collectors have left the empty bins across her drive and those of neighbours several times. She has complained to the Council three times in 19 months but is unhappy there has been no improvement despite Council promises.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘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 the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

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My assessment

  1. The injustice Mrs B claims from bin crews leaving empty bins across or part way across her driveway is no more than frustration or mild inconvenience from having to move the bin before being able to enter or exit the drive. It does not meet the tests in our Assessment Code as it is not serious enough to warrant the use of public money to investigate.

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Final decision

  1. We will not investigate Mrs B's complaint because the injustice she claims is not serious enough to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman

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