Cheshire East Council (24 013 065)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 24 Oct 2024

The Ombudsman's final decision:

Summary: We will not investigate Mr B’s complaint about a missed waste collection. This is because Mr B has not suffered a serious or significant injustice which would justify our involvement.

The complaint

  1. Mr B complains the Council did not collect his waste as scheduled and did not return within five working days despite saying it would. Mr B says this meant he had to make three trips to his local waste site. Mr B would like the Council to make a good will payment for his inconvenience.

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The Ombudsman’s role and powers

  1. 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 fault has not caused injustice to the person who complained, or
  • any injustice is not significant enough to justify our involvement.

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

  1. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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How I considered this complaint

  1. I considered information provided by Mr B.
  2. I considered the Ombudsman’s Assessment Code.

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Final decision

  1. We will not investigate this complaint. This is because Mr B has not suffered a serious or significant injustice which would justify public money being spent on an investigation or the pursuit of a financial remedy by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman

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