Summary: We will not investigate this complaint about the cost of the garden waste collection service and the Council’s decision not to reduce the price as a reasonable adjustment. This is because there is insufficient evidence of injustice and because the matter needs to be determined in court.

The complaint

1. The complainant, Mr X, complains of indirect disability discrimination. This is because the Council will not reduce the cost of his garden waste subscription to take account of a disability which prevented him using the service. Mr X also complains about a call with an officer.

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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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

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

3. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act. Only the courts can decide if an organisation has breached the Equality Act.

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence, the Equality Impact Assessment (EIA) and information about the garden waste service. I also considered our Assessment Code.

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My assessment

5. The garden waste rules say the resident must pay the full amount for the service regardless of when in the year they join the scheme. There are 20 collections a year and each collection costs £2.25. The first collection in 2024 was in February. As an alternative to paying for the service, residents can place their garden waste in the ordinary rubbish bin or use home composting.
6. Mr X made enquiries in August about joining the scheme. Mr X was unable to use the service before August due to his health. Mr X asked the Council to reduce the cost as a reasonable adjustment, because his health prevented him from using the service. There were eight collections remaining when Mr X contacted the Council. Mr X also complained an officer was rude during a call; he said the officer stated the Council does not have a duty to make reasonable adjustments. Mr X has not joined the scheme in 2024 and has not made a garden waste payment this year.
7. Mr X complained because the Council decided not to reduce the price. In response, the Council repeated that the rules do not allow pro-rata subscriptions. It referred to its duties under the Equality Act and explained it would not offer a reasonable adjustment as it did not think the subscription policy had placed Mr X at a disadvantage. The Council sent a copy of the IEA and said it had met its duties under the Equality Act. The Council apologised for the call and said it had discussed it with the officer.
8. I will not start an investigation because there is insufficient evidence of injustice. Mr X has not paid for the service this year and has not suffered a financial loss. Further, a dispute over £27 does not represent a degree of injustice which requires an investigation. In addition, Mr X could have used the rubbish bin for his garden waste which would have avoided all charges.
9. I appreciate Mr X may have felt annoyed or upset during the call with the officer, but the Council has apologised and discussed the issue with the officer; no further action is needed.
10. Mr X says the Council’s decision not to reduce the price as a reasonable adjustment is indirect discrimination and a breach of the Equality Act. We cannot decide if there has been a breach of the Equality Actor decide if this is a reasonable adjustment the Council should have offered; these are issues Mr X would need to ask the court to decide. I can consider if the Council had due regard to its legal duties and the combination of its responses and the EIA show that it has. I acknowledge Mr X has criticised the EIA but I have not seen anything to suggest we need to start an investigation and if Mr X thinks the EIA is inadequate he could raise it with the court.

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Final decision

11. We will not investigate this complaint because there is sufficient evidence of injustice and because the court needs to consider the issues related to the Equality Act and reasonable adjustments.

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Investigator's decision on behalf of the Ombudsman