Summary: We will not investigate this complaint about the garden waste charge because there is insufficient evidence of fault causing injustice.

The complaint

1. The complainant, Mr X, says he has been overcharged for the garden waste service and the Council has wasted his money. He wants a partial refund.

Back to top

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 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.

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

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence and information about the garden waste charge. I also considered our Assessment Code.

Back to top

My assessment

4. The Council collects garden waste; in 2024 the charge is £56. The collection period runs from January to December. The terms and conditions, and information on the website, say the charge is the same regardless of when the resident joins the scheme.
5. Mr X joined the service in May. He then complained about the flat rate for which he said there is no justification. Mr X said he had paid for 12 months but would only receive collections for about seven months. Mr X wanted an explanation.
6. In response the Council explained that its policy is to charge a flat rate throughout the year and this is explained in information which is available before joining the scheme. Mr X said he was aware of the rules but they are unreasonable and unjustifiable.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council causing injustice. The Council has charged Mr X in accordance with the policy so there is no suggestion of fault.
8. I appreciate Mr X disagrees with the policy but that is not something we can change; if Mr X thinks the Council should change the policy he could raise it as an issue with councillors. But, it would be the Council, not us, to decide whether to change the subscription rules. In addition, a dispute over roughly £23 does not represent a level of injustice which requires an investigation.

Back to top

Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

Back to top

Investigator's decision on behalf of the Ombudsman