Birmingham City Council (21 008 463)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 25 Oct 2021

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council failing to return his waste bin to the edge of his property. This is because the injustice is not significant enough to warrant an investigation.

The complaint

  1. The complainant, whom I shall refer to as Mr X, complained that when the Council empties his household waste bin it is often not returned to his property. Mr X referred to four occasions when he had to walk up to six houses away to retrieve the bin. The Council has apologised to Mr X and reminded the crew about returning bins to the collection point. It has said if Mr X needs help with moving his bin, he can ask for an assisted collection.

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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 an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

  1. I understand it is annoying, frustrating and inconvenient when refuse collectors do not return bins back to where they were placed for collection. This sometimes means that driveways or access routes can be blocked, and the resident has to retrieve the bin themselves.
  2. But mistakes or errors do happen and from time to time many people will experience such a problem with their collection. With reference to paragraph 2 above, we need to make sure we use public money efficiently. We only investigate complaints where the alleged injustice is significant. In this case, I am not persuaded the injustice to Mr X is enough for us to investigate.

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Final decision

  1. We will not investigate Mr X’s complaint because the injustice is not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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