Summary: We will not investigate Mr X’s complaint about the Council’s green waste subscription service. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mr X, complains the Council’s terms and conditions for its green waste service are not clearly stated prior to payment.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the information published on the Council’s website about its green waste subscription service.

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My assessment

7. Mr X complained to the Council that the terms and conditions of its green waste subscription service are not clearly stated prior to payment. Mr X paid for the subscription service in March this year and then found the payment was for the full calendar year, starting in January, not for 12 months from when he signed up for the service. Mr X says he was unable to sign up for the service earlier in the year due to his personal circumstances. He also complains the service does not start until the permit sticker is placed on the green waste bin.
8. The Council said the terms and conditions for this service are clear and that the full yearly fee applies regardless of when the subscription is taken out. It said the sticker can take up to 10 working days to arrive but if a collection is due before then the collection crew can be advised to collect the garden waste before the sticker arrives.
9. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. The Council publishes information on its website about its optional garden waste subscription service including clear links to the terms and conditions. This information is available without signing up for the service or making a payment. This explains it is an annual scheme and that the same fee applies whether you sign up at the beginning or part way through the year. The Council has acted in line with this.

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Final decision

10. We will not investigate Mr X’s complaint because there is no sign of fault by the Council as it has acted in line with the clearly published terms and conditions for the service which can be viewed prior to making a payment.

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Investigator's decision on behalf of the Ombudsman