City of York Council (21 018 183)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 31 Mar 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint that the Council failed to collect items after Ms X paid for a ‘bulky waste collection’ as any fault by the Council has not caused significant injustice to Ms X.

The complaint

  1. Ms X complains the Council failed to collect a number of bricks from her home after she had paid for a bulky waste collection. As a result, Ms X has had to take the bricks one by one to the Council’s waste site, due to their weight.

Back to top

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 any fault has not caused significant injustice to the person who complained. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

  1. In its complaint response to Ms X, the Council says Ms X asked for three storage heaters and some other items to be collected, during the telephone call when she made the booking, costing £23. It says there was no mention of bricks.
  2. Ms X says around 24 bricks that were left for collection, that had been removed from the storage heaters, were not taken away. Ms X considers the call taker should have known that storage heaters contain bricks. Ms X says the bricks are not masonry but made of a composite material. Ms X is also unhappy as the Council’s waste collection crew have said they do not recall having seen bricks at the property when they went to collect the items.
  3. The Council says its call taker would not have known that storage heaters are in part brick but had Ms X described them as such, the call taker would have advised her they could not be collected.
  4. I do not consider there is sufficient injustice caused to Ms X to warrant our involvement as in effect, the loss to her from any Council fault is £23. The Council has explained that bricks cannot be collected, and so had Ms X been told this during the booking, then presumably she would not have paid for the collection.
  5. While Ms X disputes the Council’s assessment of the bricks as being masonry items, it is for the Council to determine what it deems fits its criteria for bulky waste collections and it is unlikely we can challenge this.
  6. While I appreciate Ms X is frustrated at being advised the waste operatives did not see bricks at the property, this is not sufficient injustice to warrant our involvement.
  7. For these reasons, we will not investigate.

Back to top

Final decision

  1. We will not investigate Ms X’s complaint because any Council fault has not caused her an injustice serious enough to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings