Summary: We will not investigate X’s complaint about the Council’s garden waste collection service because an investigation by the Ombudsman is unlikely to achieve anything more. We will not investigate X’s complaint about the Council’s online reporting system because there is insufficient evidence of fault.

The complaint

1. X complained the Council failed to collect their garden waste on several occasions. X also complained about the Council’s online reporting system.
2. X said the matter caused them frustration and a loss of service.

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The Ombudsman’s role and powers

3. 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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended).

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. X pays for a garden waste subscription service from the Council. The Council contracts its waste collection service to a third-party provider. The cost of the garden waste collection service in 2024/25 is £59.
8. In 2023, X told the Council on three occasions their garden waste was not collected. X wrote to the Council and complained.
9. The Council responded. It told X it had investigated the matter, visited their home, and verified X’s waste collection point. It accepted its service had not been to the standard it expected. To remedy the issues found, it said it would provide training for its collection staff, would monitor X's collections for a period, and arranged for an additional collection for the remaining garden waste. The Council apologised for the poor service.
10. X remained dissatisfied and requested the Council reimburse their garden waste subscription costs or provide them with free garden waste collection in 2024/25. The Council responded and said it would not reimburse the cost.
11. In their complaint summary to the Ombudsman, X said the Council’s online reporting system only accepts a report within 24 hours of a missed collection. X said they could not always do so due to work commitments, so could not always report missed collections. X said the number of missed collections was approximately six.

Analysis

12. We will not investigate this complaint. The Council investigated and took appropriate action in response to X’s complaint including staff training, a site visit, and adding X’s collection to an assured collection service for a period. It also apologised to X for the inconvenience. An investigation by the Ombudsman is unlikely to achieve anything further.
13. We will not investigate X’s complaint about the Council’s online reporting system only accepting reports within 24 hours. This is because the Council requires a prompt report of a missed collection to enable it to address the matter. Therefore, there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

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Final decision

14. We will not investigate most of X’s complaint because an investigation by the Ombudsman is unlikely to achieve anything further, and we will not investigate the remaining complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman