Summary: We will not investigate this complaint about problems with the Council’s garden waste collection service. This is because the case does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The injustice to Mr X is not significant enough to warrant an investigation and it is unlikely our involvement would achieve a different outcome.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about problems with his garden waste collection service. Mr X said collections were missed from March to July. Mr X also complained the Council did not deal with his request for a replacement tag to identify his bin as eligible for collection. Mr X wants the Council to refund half of the £60 annual fee he paid.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mr X’s complaint the Council said there were occasions when his bin had not been presented. Mr X disputes this. The Council apologised for the delay in sending q replacement tag but said this should not have affected the service. This was because its staff had a list of households eligible for garden waste collection. The Council said it could not agree to Mr X’s request for a refund as he did not meet the relevant criteria. This required three consecutive missed collections to be reported within three working days.
6. While I recognise Mr X’s frustrations, we will not start an investigation into his complaint. This is because the injustice to him is not enough to warrant our involvement. We only look at the most serious cases. The issues over six months from a service which costs only £60 a year do not justify investigation by the Ombudsman.
7. Even if we were to investigate, we could never say if Mr X’s bins were presented on the days in dispute. We also could not criticise the Council for not offering a refund as it has refused Mr X’s request in line with its published policy. It is unlikely an investigation would achieve anything for Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because the tests in our Assessment Code have not been met. The injustice is not significant enough and it is unlikely an investigation would achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman