Summary: We will not investigate this complaint about a missed garden waste collection. 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 a missed garden waste collection and says the terms and conditions are unfair.

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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 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. This includes the complaint correspondence and the garden waste terms and conditions. I also considered our Assessment Code.

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My assessment

4. The garden waste service operates for 40 weeks a year. The current subscription is £50 for fortnightly collections. The cost of each collection is about £2.50. The terms and conditions say the Council will provide a refund if someone reports three consecutive missed collections that have not been rectified.
5. Mr X had a missed collection in March. He asked the Council to add an extra collection to the end of the subscription period when the service ends in November/December. Alternatively he wants a refund.
6. The Council explained he does not qualify for a refund because he has not had three missed collections. It apologised for the poor service and inconvenience. The Council explained it cannot add an extra collection when the service ends because the vans are transferred to other duties.
7. Mr X says the terms and conditions are unfair and he wants to be compensated for the missed collection.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council’s decision not to issue a refund is consistent with the policy and it has explained why it cannot add an extra collection in the winter. And, the terms and conditions do not provide for an extra collection. I appreciate Mr X thinks the rules are unfair but it is for the Council to decide how the refund policy will operate. Mr X could lobby his local councillors if he thinks the terms and conditions should be changed in relation to refunds and missed collections.
9. I also will not start an investigation because the impact of one missed collection, while frustrating and inconvenient, is not serious enough to require an investigation.

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Final decision

10. We will not investigate this complaint 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