Walsall Metropolitan Borough Council (23 013 626)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 29 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about changes to the Council’s garden waste collection service. This is because there is not enough evidence of fault to justify an investigation.
The complaint
- Mr B complains the Council has reduced its garden waste collection service by cancelling the late October and mid-November collections. Mr B says these are the most important collections of the year because there are many leaves and shrubs to remove. Mr B would like the Council to go back to collecting garden waste until mid-November.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council says it has recently reviewed its garden waste collection service as part of its annual budget review. The Council says it decided to continue to provide a free garden waste collection service, but the service will now only operate between April and October. The Council says April has the highest demand for this service and November has the lowest demand. The Council added it will review the impact on the service in the coming year.
- We will not investigate this complaint. This is because there is not enough evidence of fault to justify an investigation.
- Councils are not required to collect garden waste. It is for each council to decide whether to collect garden waste, and if so, how to operate this service.
- The Council has decided to make changes to its garden waste service and has explained its reasons for doing this.
- We are not an appeals body and it is not our role to tell the Council to operate its garden waste service differently. So, an investigation is not justified.
Final decision
- We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman