Summary: We have upheld this complaint about the Council’s failure to provide the bulk rubbish collection service paid for by Mr X because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.

The complaint

1. Mr X complained the Council failed to provide the bulk rubbish collection service he had paid for and that as a result he had had to use the services of a private firm and incur time and trouble pursuing matters.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If we investigated this complaint, it is likely we would find the Council at fault for unreasonably failing to collect Mr X’s bulk rubbish.
6. We therefore asked the Council to consider remedying the injustice caused by its actions by paying Mr X a total of £320.50 to resolve the complaint early. This figure is made up of the £35.50 Mr X originally paid for the service, £185 he paid for the private removal of the rubbish and £100 for his time and trouble in pursuing matters.
7. To its credit the Council agreed to resolve the complaint and pay Mr X £320.50 and we have asked that it do so within the next 4 weeks.

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Final decision

8. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.

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Investigator's decision on behalf of the Ombudsman