Birmingham City Council (24 011 744)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 07 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about late refuse collections because there is insufficient evidence of injustice.
The complaint
- The complainant, Mr X, complains about late refuse collections He wants the Council to complete the collection on the correct day.
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 an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
- We consider complaints up to the date a council issues its final complaint response.
- During 2024, to the date the Council issued its final response, there were five missed collections for Mr X’s property. These were all rectified although it sometimes took the Council more than a week to return. On three occasions, the missed collection affected the whole street.
- Missed collections are annoying and frustrating. However, the impact of five missed collections, spread over ten months, does not represent a level of injustice that requires an investigation, especially as the waste was subsequently collected.
- Mr X made further reports and complaints to the Council after he had completed the complaints procedure. I cannot consider these issues as they have not completed the complaints procedure. Mr X could make a new complaint to us about these issues once he has completed the Council’s process.
Final decision
- We will not investigate this complaint because there is insufficient evidence of injustice.
Investigator's decision on behalf of the Ombudsman