Summary: Mr D complained the Council only provided him with two months of garden waste collections despite him paying for one years’ service. He also complained the Council failed to provide him with information about his old account. We do not find the Council was at fault.

The complaint

1. Mr D complained the Council only provided him with two months of garden waste collections despite him paying for one years’ service. He also complained the Council failed to provide him with information about his old account.
2. Mr D says he had waste building up in his garden because of the Council’s failures.

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The Ombudsman’s role and powers

3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered information from Mr D and the Council.
6. Mr D and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. Mr D completed an online form in September 2023 for a garden waste collection. He paid £110 for two bins.
8. Mr D contacted the Council in May 2024. He said when he subscribed in September 2023 the system showed his subscription would last 12 months, but the Council was failing to collect his bins. The Council responded and said he only paid until December 2023. It said this information was on the website and in the terms and conditions. It said it had changed its service and residents now pay a rolling 12-month contract. It provided him with a copy of the terms and conditions from 2023.
9. Mr D asked the Council for further information including his contract before it changed its system. He said this showed the end date of August 2024. The Council responded and provided Mr D with a link to his account. It also provided him with a screenshot showing his payment when he subscribed to the service. It said there was never an expiry date on his account. It said the garden waste sign up process asks residents to ensure they have read the terms and conditions before paying for the service.
10. Mr D continued to be dissatisfied with the Council’s response. He raised a complaint about the Council providing him with the incorrect information.
11. The Council responded to the complaint. It said when Mr D subscribed to the waste service in September 2023, residents who lived in the North of Buckinghamshire had a different system to those who living in the South. The South provided a rolling contract while the North provided an annual contract running from February to November each year. It said there is now one rolling contract service across all of Buckinghamshire. It said it had checked with the garden waste team, but officers did not have anything further to provide. It reiterated its system has never showed an expiry date.

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Analysis

12. The crux of Mr D’s complaint is that when he signed for garden waste collections in September 2023, his account showed an expiry date of August 2024. He is unhappy the Council has refused to provide him with evidence of this. He says he would not have paid £110 for only three months. The Council says there has never been an expiry function on its account. It has checked with its garden waste team, and the only information it can provide is a screenshot showing when Mr D subscribed to the service and a copy of its previous terms and conditions.
13. The information on Mr D’s file is limited. Mr D does not have any evidence to prove his account showed an expiry date of August 2024. Therefore, I have had to consider what is more likely than not to have happened with the available evidence. Mr D lives in the North of Buckinghamshire, and so it is unlikely he would have been able to sign up to the rolling contract system. I am persuaded by the Council’s comment that when Mr D put in his postcode, the system would have automatically signed him up to the old service that ran from February to November each year. Therefore, I consider it is unlikely the system would have shown an expiry date of August 2024. I do not find fault.
14. I have seen a copy of Council’s previous terms and conditions. This explains a resident could subscribe at any point in the calendar year, and there was a fixed price which covered the service until December. It did not pro-rata the cost of the service depending on the month a resident joined. Therefore, even though Mr D subscribed in September 2023, he was liable to pay the full amount. The Council says Mr D would not been able to pay before he agreed to the terms and conditions that were on its website. I have checked the Council’s website and it asks residents to ensure they have read the terms and conditions. I consider it is more likely than not this is what happened in Mr D’s case.
15. The Council has provided with Mr D with all the information it has. It has checked with the responsible team and there is nothing else it can provide. I do not find fault.

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Final decision

16. I have completed my investigation. The Council was not at fault.

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Investigator's decision on behalf of the Ombudsman