Summary: We will not investigate this complaint about the garden waste collection service. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Mr X, complains about missed garden waste collections and that the Council will not treat him as an existing subscriber. Mr X wants an apology, for the Council to renew his subscription, and a year of free collections.

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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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. During 2020 the Council suspended the garden waste service from March to June due to pressures caused by the pandemic. It extended subscriptions to reflect this. The Council suspended the service in 2021 due to the HGV driver shortage. There was a suspension in July which did not affect Mr X but he missed collections during a suspension in August and September. Mr X had three missed collections in 2021 although he had a catch-up collection in December.
5. Mr X’s subscription ended on 30 September 2021. He did not renew it because he thought he was moving in October. The house sale fell through and Mr X asked the Council to renew his subscription. The Council explained his subscription had ended and could not be renewed. It said it was not currently accepting new customers but Mr X could join in the future. The Council explained it had suspended the garden waste service so it could focus on general waste and recycling.
6. The service remains suspended and the Council is not signing-up new customers.
7. Mr X says his circumstances are unique and he was an existing subscriber when he told the Council he was moving and would not be renewing the subscription. Mr X says this means the Council should treat him as an existing customer and let him re-join.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council took steps to protect key waste services when there was pressure on the service from the pandemic and driver shortage. The Council explained this and extended subscriptions. The suspensions will have caused inconvenience and annoyance but it is not a reflection of fault. The Council cannot treat Mr X as an existing subscriber because he did not renew his subscription and there is no live subscription to renew. His subscription ended on 30 September and, because he did not renew it, he ceased to be a customer of that service.
9. I also will not start an investigation because there is insufficient evidence of injustice. Missed collections are frustrating but the small number of missed collections experienced by Mr X over two years does not represent a level of injustice which requires an investigation.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman