Summary: We will not investigate this complaint about problems with the recycling collections. This is because there is insufficient evidence of fault and injustice.

The complaint

1. The complainant, whom I refer to as Mr X, complains of missed recycling collections and poor customer service. He wants £50 compensation.

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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 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

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. 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

4. Mr X lives in a block of flats. There are two communal recycling bins. In the summer he reported that the recycling bins were overflowing.
5. The Council apologised for the inconvenience and said the collections had fallen behind due to operational reasons. It said staff were working extra days to catch up and a manger had visited to clear the area. The Council said it had put a message on the website to explain the difficulties and it would monitor Mr X’s block. It said it could not use staff from other councils, as Mr X had suggested, as all councils in the area had staff shortages. It also said there was not enough space for another bin as Mr X has suggested.
6. Mr X is dissatisfied with the response. He says he had to take his recycling to another bin and disputes there is not enough space for an extra bin. He says the Council was disrespectful because it only said the problems were caused by operational reasons and he had to keep contacting the Council to get a response.
7. I have established there were periodic missed/late collections between June and October. Collections took place but some were missed or were late. The Council says that since early November it has been fully staffed.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. There were problems with the recycling collections but the Council responded appropriately by arranging extra collections, clearing the site, putting a message on the website and responding to Mr X. I appreciate Mr X would have liked a more specific response but it is apparent from the complaint replies that the Council was having staffing issues. Mr X disputes there is not enough space for another bin but this is not an issue that requires an investigation. And, while he says he has to chase the Council for a response, I have not seen anything in the way the Council responded which suggests we need to start an investigation.
9. I also will not investigate this complaint because there is insufficient evidence of injustice. Late or missed collections are frustrating and annoying but, while Mr X was caused some inconvenience, there is not sufficient injustice to require an investigation. The collections continued to happen, albeit with some delays and misses, but there was not a prolonged period of time with no service at all. And, while Mr X sometimes had to take his waste to anther bin, this is not a level of injustice which requires compensation or an investigation.

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Final decision

10. We will not start an investigation because there is insufficient evidence of fault and injustice.

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Investigator's decision on behalf of the Ombudsman