Summary: We will not investigate this complaint about the Council’s collection of Mr X’s refuse. This is because the Council has done enough to put right any injustice its fault caused and we could not achieve anything more.

The complaint

1. Mr X complains the Council has changed waste collection arrangements without explaining why. Mr X also complains about the way the Council has dealt with his altercation with a refuse collector. Mr X wants the Council to move the waste collector to another round.

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The Ombudsman’s role and powers

2. 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 continue an investigation if we decide 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), as amended, section 34(B))

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement.

(Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X had a long-standing arrangement with the Council for his bins to be collected and returned to his drive. The Council stopped returning his bins in this way without telling him there would be a change.
7. When Mr X complained to the Council, it explained that an overgrown shrub meant the wagon could not safely reverse on to the drive. It apologised for not explaining this sooner and sent a letter with details. The law says the Council may set the arrangements for presenting household waste for collection, so it is not at fault for making changes.
8. Mr X then complained there had been an altercation with a waste collector and asked the Council to move this person to a different round.
9. The Council apologised and explained the CCTV footage showed Mr X played his part in the incident. The Council has apologised for the behaviour Mr X complained of but has said it will not change the person’s round.
10. The Council has addressed the situation in line with its policies, apologised and provided an explanation to Mr X. It does not have to take the steps Mr X wants. The Ombudsman could not recommend the Council to move the waste collector as the deployment of staff is a matter for the Council.

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Final decision

11. We will not investigate Mr X’s complaint because we could not add to the Council’s investigation and response.

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Investigator's decision on behalf of the Ombudsman