Summary: We will not investigate Mr X’s complaint about the Council’s missed bin collections. This is because the Council has carried out remedial visits to empty his bins and agreed to monitor his collections to reduce the likelihood of any further issues. This is a suitable outcome for Mr X and it is unlikely investigation would achieve anything more for him.

The complaint

1. Mr X complains the Council failed to carry out his assisted bin collections. He says the Council failed to empty his bin, took several photographs of it without good reason and interfered with its placement without his consent.

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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 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
5. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. I appreciate Mr X is frustrated about his missed collections but it is clear from the evidence I have seen that where there have been issues the Council has revisited to ensure Mr X’s bins are emptied. It has also offered Mr X advice to reduce the likelihood of any further issues and agreed to monitor his collections to ensure they are carried out properly. This is a suitable way forward and it is unlikely investigation would achieve anything more for Mr X.
9. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.
10. While Mr X claims the Council’s photographing of his bin amounts to a breach of the General Data Protection Regulation, this is not something we can decide. If Mr X wishes to pursue the matter further it would be reasonable for him to complain to the Information Commissioner.
11. Mr X’s complaint about the interference with the positioning of his bin also falls outside our jurisdiction as it relates to the management of social housing by the Housing Association which provides it on the Council’s behalf. Should Mr X wish to escalate this complaint he may wish to refer it to the Housing Ombudsman.

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Final decision

12. We will not investigate this complaint. This is because it is unlikely investigation would achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman