Maidstone Borough Council (24 004 593)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 13 Aug 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about problems with Ms X’s waste collection service since the Council changed waste contractor. This is because an investigation is unlikely to usefully add to that already carried out by the Council or lead to a significantly different outcome.

The complaint

  1. Ms X complains that since new contractors have taken over the Council’s waste collection service her bins have not been collected on a regular basis. Collections have been missed and missed bin collections have not been made and she says her council tax should reflect this poor service.

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The Ombudsman’s role and powers

  1. 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:
  • we could not add to any previous investigation by the organisation, or
  • further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council, including its response to the complaint.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X complained to the Council about its waste collection service because following the Council’s change in waste contractor her bins were being missed and missed bin collections were not taking place.
  2. The Council acknowledged there had been problems with the new contractor. It apologised for the disruption and advised it was working with the contractor to address the issues and improve its reliability. It also apologised if its missed collection procedure had not been properly communicated.
  3. It confirmed that if Ms X’s bin continued to be missed, it would issue a financial penalty to the contractor. It also confirmed that there was no procedure available that would allow Ms X to pay a reduced council tax if she thought a service had not been properly delivered.
  4. In response to my query, the Council has confirmed that since its Stage 2 response of 14 June 2024, the complainant has reported a further missed bin collection. The Council has issued the contractor with a fine for this and as Ms X is still experiencing collection issues, the Waste Manager has raised this with the contractor prior to the next collection.
  5. While Ms X’s frustration is understandable, we do not investigate every complaint we receive. We are funded by the public purse and have an obligation to use the funds allocated to us in an effective, efficient and economic manner. This means that we will generally not investigate where an investigation is unlikely to add to that already undertaken by the Council or lead to a significantly different outcome.

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Final decision

  1. We will not investigate Mr X’s complaint because an investigation is unlikely to usefully add to that already carried out by the Council or lead to a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman

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