Bury Metropolitan Borough Council (22 014 211)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 29 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about missed food waste collections over the Christmas and new year period. This is because there is insufficient evidence of fault by the Council or injustice caused to the complainant to warrant an investigation.
The complaint
- The complainant, who I refer to as Mr X, complains about the Council missing brown bin food waste collections over the last Christmas and new year period. He wants the Council to pay £10 compensation to all residents affected.
The Ombudsman’s role and powers
- We 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 or may decide not to continue with 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, 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))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council about missed collections of food waste bins in his area. The Council explained that it had taken the decision, of which residents had been informed, to suspend its brown bin collections of food and garden waste over the festive period to allow the heavier collections of other types of waste to be carried out and to enable some staff members to take annual leave. It also referred to a high rate of staff sickness absence which impacted collections.
- We do not investigate every complaint we receive. We are a publicly funded body and have an obligation to use the funds allocated to us in an effective, efficient and economic manner and while the inconvenience of the missed collections experienced by Mr X is noted, there are insufficient grounds to warrant an investigation by the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council or injustice caused to the complainant to warrant an investigation.
Investigator's decision on behalf of the Ombudsman