Tonbridge and Malling Borough Council (21 017 820)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 22 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s suspension of its garden waste collection service because there is an insufficient level of injustice to warrant our intervention.
The complaint
- The complainant, whom I refer to as Mrs X, complains about the Council not offering help or alternatives in response to the suspension of its garden waste collection service, and the delay in reinstating the service.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Council’s website which gives updates on the status of refuse collections.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In July 2021, the Council suspended its garden waste collection service due to a shortage of drivers. Mrs X complained about the time and costs incurred in trips she took to the tip to dispose of the waste herself. She wanted the Council to compensate her for these costs.
- In response, the Council apologised and suggested home composting, but stated going to the tip was her choice and would be at her cost. It stated it would extend subscriptions to cover the duration of the suspension so Mrs X would not have paid for the service she did not receive.
- Mrs X was dissatisfied the Council was not offering other solutions for subscribers to dispose of their garden waste, or at least contribute to costs of them doing so, and that it had not communicated when the service would be reinstated.
- We will not investigate Mrs X’s complaint. According to the Council’s website, garden waste collections are now running as normal. As the Council extended subscription renewal dates for the period it missed collections, there is insufficient remaining injustice to warrant an investigation.
Final decision
- We will not investigate this complaint because there is insufficient injustice to warrant our intervention.
Investigator's decision on behalf of the Ombudsman