Summary: We will not investigate this complaint about the Council’s decision not to issue a refund after the complainant paid to use its commercial waste collection service. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council will not issue a £350 refund after he paid for the Council’s commercial waste collection service. Mr X says he is due a refund because he pays for waste collections through council tax.

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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 there is not enough evidence of fault to justify investigating. (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 Mr X and the Council. This includes the complaint correspondence and information from the Council’s website. I also considered the Controlled Waste Regulations (CWR) and our Assessment Code.

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My assessment

4. Mr X owns a holiday let. He paid £350 to use the Council’s commercial waste service to collect waste from the property. Mr X was not required to pay business rates and paid council tax instead. Mr X asked the Council for a refund because he pays for waste collection services via council tax and should not be required to pay twice.
5. The Council declined Mr X’s request for a refund. It explained that waste from a holiday let is defined by the regulations as commercial waste which cannot be collected for free by the domestic waste collection service. It also explained the regulations allow councils to charge to collect commercial waste. The Council said the charge is based on the nature of the waste regardless of whether the property owner is paying council tax or business rates.
6. Mr X disagrees with the response. He also complains that some of the complaint responses were late.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the Council correctly explained that Mr X is not due a refund. The CWRs define waste from a holiday let as commercial waste. The Council cannot treat commercial waste as domestic waste and can charge for the collection of commercial waste. Alternatively, Mr X could use a registered private commercial waste collection service.
8. Mr X pays council tax; council tax helps to fund the provision of all services including domestic waste collections. Even if Mr X paid to use a private commercial waste collection service, he would still be required to pay council tax or business rates. For as long as Mr X operates the property as a holiday let, he is required to pay for the removal of the waste regardless of whether he is paying council tax or business rates. The council tax or business rates must be paid in addition to the fee for the removal of the commercial waste. The Council’s decision correctly reflects the regulations so there is no reason to start an investigation.
9. Some of the complaint responses were late but this does not require an investigation. The delay had no impact because Mr X is not owed a refund and we do not investigate complaint handling when we are not investigating the main issue.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman