Basildon Borough Council (24 013 068)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 04 Dec 2024

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about a missed refuse collection. This is because the matter has not caused Mr X any significant personal injustice which is serious enough to warrant an investigation.

The complaint

  1. The complainant, Mr X, complains about a missed refuse collection and about the impact of this.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
  2. 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))

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How I considered this complaint

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

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My assessment

  1. Mr X complained to the Council about a missed refuse collection. Mr X says there were maggots and waste left in his garden as a result.
  2. The Council apologised to Mr X for the missed collection and the inconvenience it caused and it has collected the missed waste. It says it has spoken to the crew to ensure they are aware Mr X receives an assisted collection and that no further collections are missed.
  3. We will not investigate Mr X’s complaint. This is because, whilst the missed collection caused Mr X some inconvenience it did not cause him any significant personal injustice which is serious enough to warrant an investigation. The Council has apologised, collected the missed waste and has taken steps to ensure it does not recur. There is nothing further we would add or recommend.
  4. We do not investigate every complaint we receive and we must focus our limited public resources on investigating those complaints where a person has suffered a significant personal injustice as a result of fault by a body in our jurisdiction. The injustice caused to Mr X by the missed refuse collection is not serious enough to justify the use of public money to carry out an investigation and the Council has already taken suitable action in response to Mr X’s complaint.

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Final decision

  1. We will not investigate Mr X’s complaint because the matter complained about has not caused Mr X any significant personal injustice which is serious enough to warrant an investigation by this office.

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Investigator's decision on behalf of the Ombudsman

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