Sandwell Metropolitan Borough Council (22 008 474)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 19 Oct 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about problems the complainant has with his rubbish collections. This is because there is insufficient evidence of injustice.

The complaint

  1. The complainant, whom I refer to as Mr X, complains about the way the Council carries out the bin collections. He says the bins are not returned to the correct place and he has to retrieve them. He also complains the bin lids are left open which allows water into the bin.

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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 an investigation if we decide:
  • any fault has not caused injustice to the person who complained, 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 Mr X and the Council. This includes the complaint correspondence and photographs from Mr X. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

  1. Mr X complained to the Council that the crew do not return the bins to the correct location. He says he has complained five times in the last two years. He also said the crews lift the rubbish bag from the bin rather than taking the bin to the van. And he reported that the bin lids are sometimes left open allowing water into the bin.
  2. The Council apologised for the inconvenience. It said it had reminded the crews to return the bins to the collection point, to close the lid and take the bin to the van. Mr X says the problem is continuing. He says some of his neighbours are elderly or have mobility problems and he has to return their bins if they are wrongly left outside his home.
  3. I appreciate the issues Mr X reports can be annoying and inconvenient. And, it may be the practices he has reported are continuing, despite the Council’s reminders to the crew. However, these are issues many people encounter regularly, and while frustrating, does not represent an injustice requiring an investigation.
  4. Mr X is not complaining on behalf of his neighbours and, while he is being a good neighbour in returning his neighbours bins, it his choice to do so and an action many people take to help their neighbours. His neighbours could make their own complaints and it may be that their injustice would be greater based on their circumstances. Alternatively, any neighbour with mobility issues could register for assisted collections.

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Final decision

  1. We will not investigate this complaint because there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman

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