Summary: We will not investigate Dr B’s complaint about a missed garden waste collection. This is because Dr B has not suffered a serious or significant injustice which would justify public money being spent on an investigation.

The complaint

1. Dr B complains the Council missed the first scheduled collection of his garden waste which he pays an annual charge for. Dr B also says his scheduled monthly bin clean, which he had paid for, could not take place that day because his bin had not been emptied. Dr B would like the Council to pay him compensation to reflect the missed collection and his missed bin clean. Dr B would also like compensation for his time complaining about this matter.

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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 an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

3. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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How I considered this complaint

4. I considered information provided by Dr B and the Council. I considered information on the Council’s website about the Council’s garden waste subscription service.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Councils do not have to collect garden waste but may choose to do so. Councils are allowed to charge residents for this service.
7. The Council has recently introduced a garden waste subscription service. Dr B paid £50 for this service which was an early payment offer. Collections take place once every fortnight throughout the year.
8. We will not investigate Dr B’s complaint.
9. The Council’s terms and conditions for this service say refunds will not be given for missed collections. It is for the Council to decide how this scheme will operate and it is not our role to tell the Council it should operate this service differently - for example by offering refunds for missed collections.
10. So, it is highly unlikely an investigation would result in us asking the Council to pay Dr B a pro rata refund in recognition of the missed collection of his garden waste.
11. Dr B was put to some inconvenience dealing with this matter and the missed collection meant his scheduled bin clean, which he pays for, could not take place.
12. But, we have limited resources and must focus our investigations on complaints where a person has suffered a serious or significant injustice as a direct result of fault by an organisation.
13. I find Dr B has not suffered a serious or significant injustice which would justify public money being spent on an investigation or the pursuit of a modest financial remedy by the Ombudsman.

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Final decision

14. We will not investigate Dr B’s complaint because he has not suffered a serious or significant injustice which would justify an investigation.

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Investigator's decision on behalf of the Ombudsman