Summary: We will not investigate this complaint about the Council’s waste collection services. The Council has upheld the complaint and confirmed it is taking action to address the fault identified. Further investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. Mr X complained about the Council’s wase collection services. He said the waste collection crew frequently spilt rubbish when emptying bins. He said the street he lives on had become dirty and the spilt waste was attracting vermin. He said he had reported the issues to the Council since 2022. He wants it to take action to address the issue.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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:

• 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

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

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My assessment

7. We will not investigate the early parts of Mr X’s complaint. That is because we expect a person to complain to us within twelve months of becoming aware of a matter. Mr X did not complaint to us until July 2024. Therefore, any complaints about the Council’s actions before July 2023 are late.
8. Since July 2023, Mr X regularly reported issues with the collections. In April 2024, he made a formal complaint. In a recent complaint response, the Council fully upheld Mr X’s complaint. It set out an action plan of how it intended to deal with the waste collection. That included:
• mandatory checks for spillages,
• a dedicated site supervisor,
• provision of replacement bins,
• staff training, and
• improved communication.
9. The Council also apologised to Mr X for the issues he had faced with the waste collection.
10. As the Council has apologised and agreed to take corrective action, we will not investigate this complaint. That is because further investigation would not lead to a different outcome.

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Final decision

11. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman