Summary: We will not investigate this complaint about the Council putting sheet glass in the skip for metal or a complaint about kerbside collections for textiles. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice. In addition, we cannot investigate crime.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council is acting fraudulently by telling people to put sheets of glass in the skip for metal at the waste and recycling centre. Mr X is also dissatisfied with the kerbside collections for textiles.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

3. We cannot investigate allegations of crime.

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence and information that officers spoke to Mr X about the textiles. I considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

5. Mr X visited the recycling centre and was told to put a sheet of glass in the skip for metals. Mr X says he was told this increases the weight and thus the price.
6. In response to his complaint the Council told Mr X that he was correctly told to place the glass in the skip. This type of glass cannot go in the ordinary glass container and would contaminate the ordinary glass recycling. The Council explained that sheet glass should be placed in the metal skip and the contents are sorted at the disposal point by the recycling company. The Council accepts Mr X was given wrong information but denies the policy is for monetary gain.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Although the staff member made an inaccurate comment, the Council told Mr X it was correct to put the glass in the metal skip and it has explained that the waste is then sorted and the glass extracted. And, while Mr X continued to disagree and ask questions, there is insufficient evidence that this issue has caused any injustice to him that requires an investigation.
8. In response to a draft of this decision Mr X alleged the Council is deliberately adding glass to the skip and says this is fraud and a crime. We cannot investigate allegations of crime; this is an allegation Mr X would need to report to the police.
9. Mr X also complained about missed textile collections and said the crew put the textiles with the other recycling. The Council spoke to Mr X and arranged to collect the textiles. The Council has reminded the crew about the correct arrangements. Mr X says the Council continues to miss the textile collection or continues not to separate it.
10. I will not investigate this part of the complaint because there is insufficient evidence of injustice. I appreciate missed collections are frustrating but the Council arranged to collect the missed collection and has reminded crews of the correct process. Even if the textiles are sometimes not isolated this does not represent an injustice which requires an investigation.

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Final decision

11. I will not investigate this complaint because there is insufficient evidence of fault and injustice. In addition, we have no power to investigate allegations of crime.

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Investigator's decision on behalf of the Ombudsman