Maidstone Borough Council (21 016 446)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 03 Mar 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s missed collection of Mrs X’s household waste on one occasion. There is insufficient evidence of any significant injustice which would warrant an investigation.

The complaint

  1. Mrs X says the Council failed to collect her household waste. She disputes the Council’s explanation that the street was subject to temporary traffic restrictions at the time.

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The Ombudsman’s role and powers

  1. 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 or may decide not to continue with an investigation if we decide:
  • there is not enough evidence of fault to justify investigating, 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X says the Council refuse collectors missed her household waste bin which meant it was a further two weeks before they returned. She complained to the Council and was told that the vehicle could not park close to her home because of temporary traffic lights. She says there was adequate space for the collection to be made and her waste should have been taken.
  2. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
  3. With regard to waste collection matters We will not usually investigate complaints of one or two missed collections. We do not expect councils to pay a financial remedy for a single missed collection or a limited number of missed collections.

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Final decision

  1. We will not investigate this complaint about the Council’s missed collection of Mrs X’s household waste on one occasion. There is insufficient evidence of any significant injustice which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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