Summary: We will not investigate this complaint about the Council’s decision to introduce a charge for its garden waste collection service, and the way it handled an associated complaint. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is unlikely we would conclude that procedural fault has affected the Council’s decision, we could not change the policy, and it would not be a good use of our resources to investigate the complaints process in isolation.

The complaint

1. The complainant, whom I refer to as Mrs X, complains about the Council’s decision to introduce a £50 charge for its garden waste collection service, and the way it responded to her associated complaint. In particular, Mrs X says:
• The Council ignored her questions/observations about the decision to introduce the charge.
• The Council has not confirmed where information about her complaint is stored or how it is managed.
• The Council did not respond to her complaint within its published timeframes, and it was offensive to suggest she was wasting the Council’s time.
• The Council has not given her details about how to complain about Council policy decisions.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman can investigate 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 fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We consider whether there was procedural fault in the way decision are reached. If there is evidence of fault in the process, we consider whether this is likely to have affected the outcome
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection matters. This includes the handling of information/data. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
5. And it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

How I considered this complaint

6. I considered information provided by Mrs X and our Assessment Code.

Back to top

My assessment

7. I appreciate Mrs X disagrees with the Council’s decision to introduce a charge for the garden waste collection service.
8. But we are not an appeal body and we do not set Council policy. It is for each council to set its charges and we cannot intervene in that process. Councils do not have to collect garden waste, but it is a service it can choose to provide. It is a common service that was once free but now chargeable in many areas.
9. Therefore, and with reference to paragraph 2 above, I do not consider the Ombudsman should pursue the part of the complaint about the decision to introduce the charge. It is unlikely we would find evidence of procedural fault affecting the Council’s decision, and we cannot instruct the Council to revoke the policy.
10. Where the Ombudsman has decided not to investigate the substantive issue being complained about, we would not normally pursue Mrs X’s associated concerns about the Council’s complaint handling in isolation. Whilst I appreciate she felt frustrated by the complaint process, I do not consider it has caused her an injustice which warrants our further involvement.
11. And if Mrs X has ongoing concerns about how the Council is handling her complaint data, then it seems reasonable to expect her to refer these to the Information Commissioner.
12. Finally, if Mrs X thinks the charge should be altered or removed, then she would need to lobby councillors for a change in the policy. She can also decide not to use the service.

Back to top

Final decision

13. We will not investigate Mrs X’s complaint because it is unlikely we would conclude that procedural fault has affected the Council’s decision to introduce the charge, we could not change the policy, and it would not be a good use of our resources to investigate her concerns about the complaints process in isolation.

Back to top

Investigator's decision on behalf of the Ombudsman