Brighton & Hove City Council (22 006 455)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 25 Sep 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s refuse collection service. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

  1. The complainant, who I refer to as Mr X, complains refuse bins are not being returned to the correct location after they have been emptied.

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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 fault has not caused injustice to the person who complained, or
  • any injustice is not significant enough to justify our involvement, or
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

  1. In responding to Mr X’s complaint about its refuse collection service, the Council apologised for its poor service but said that improvements had been made.
  2. In response to our initial enquiries about the operation of the service, the Council confirmed the matter had been escalated to the Head of Operations for the refuse collectors and that the driver of the route had been spoken to about the bins not being returned to their correct location. The Council advised that illegal parking has contributed to the issue but that Parking Services have been informed and will be addressing matters and that meanwhile the driver will ensure the bins are returned to their correct location.
  3. While there have been problems with Mr X’s refuse collections, the Council has looked into matters and is taking action to address them. As an investigation by the Ombudsman will not significantly add to the Council’s own investigation or lead to a different outcome, we will not investigate the complaint.

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Final decision

  1. We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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