Tandridge District Council (24 006 420)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 22 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s waste collection service. This is because there is not enough evidence of fault.
The complaint
- The complainant, whom I shall refer to as Mr X, complained about the Council’s waste collection service. Mr X says the service is inadequate for the organisation and building he represents.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has complained to the Council about the waste collection service it provides to a building used by a religious group and which also contains residential accommodation. Mr X says the Council reduced the previous collection service during the COVID-19 pandemic and wants it restoring.
- In its response to Mr X the Council has said the service provided before the COVID-19 pandemic was done so in error. The service the Council is now providing is in line with that provided to similar buildings. The Council has offered to provide extra bins but at a cost.
- While I understand Mr X’s frustrations, we will not start an investigation. It is for the Council to decide the waste collection arrangements in its area. That is not a decision for us. Based on the evidence available, the Council is complying with its own policy and the relevant legislation. The fact the Council has previously provided a service by mistake does not mean it should continue to do so. There is not enough evidence of fault by the Council and the decision it has reached is one it is entitled to take. We will not therefore investigate.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman