Summary: We will not investigate this complaint about the refuse crew not returning bins to the presentation point. This is because the Council has proposed a fair remedy and because there is insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council does not return her bins to the collection point. She says the crew leaves them on the path which causes an obstruction. Ms X says the Council said it would sack the crew but this has not happened. Ms X wants the Council to return her bins to the correct place.

Back to top

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:

• any injustice is not significant enough to justify our involvement, or
• we are satisfied with the actions an organisation has taken or proposes to take.

(Local Government Act 1974, section 24A(6&7))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and photos of the bins. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

Back to top

My assessment

4. In April Ms X reported that for the last two weeks her bins had not been returned to her property. The Council confirmed the crew should return the bins to the collection point and apologised that this had not happened. It said it had spoken to the crew to remind them of the correct procedures.
5. Ms X reported the same issue a week later. The Council again apologised and said it had discussed the issue with managers. It said it would take formal action if the problem continued.
6. Ms X sent an email to the Council in May and reported that the crew had not correctly returned some of her neighbours’ bins. The Council did not take action in relation to this email because Ms X was reporting general issues.
7. The Council will now take further action. It will do two unannounced visits in relation to the recycling and waste bins to determine if this is an on-going issue.
8. I will not investigate this complaint because the Council has provided a fair response by deciding to take further action. The Council had not said it would sack people but it will now visit to get more information about what is happening. There is nothing more we would expect the Council to do at this stage.
9. I also will not start an investigation because there is insufficient evidence of injustice. I acknowledge this is an important issue for Ms X, and she has also reported hearing bad language, but many people across the country have to retrieve their bins from the path. I accept the Council says this practice should not be happening, and it is trying to enforce its policy, but the level of injustice does not require an investigation. If Ms X experiences further problems she should continue to report them to the Council.

Back to top

Final decision

10. We will not investigate this complaint because the Council has provided a fair response and there is insufficient evidence of injustice.

Back to top

Investigator's decision on behalf of the Ombudsman