London Borough of Sutton (24 022 706)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 07 May 2025

The Ombudsman's final decision:

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

The complaint

  1. The complainant, Ms X, complains about a missed refuse collection and the Council’s explanation for the missed collection which she says is incorrect.

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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 provide a free service, but must use public money carefully. We do not start or continue 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. Ms X complained to the Council about a missed refuse collection. The Council said the collection had been missed as the bin was not presented for collection. However, it returned and completed the collection four days later.
  2. Ms X disagrees with the Council’s view that her bin was not placed correctly for collection and feels she has been singled out. She said the collection was missed because the operative was distracted by his phone.
  3. We will not investigate Ms X’s complaint. This is because, whilst I acknowledge Ms X disagrees with the Council’s explanation for the missed collection, this has not in itself caused her any significant personal injustice which is so serious that it warrants the use of public funds to carry out a further investigation by this office. The Council returned within days to complete the missed collection and there is no significant unremedied injustice remaining. 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.

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Final decision

  1. We will not investigate Ms X’s complaint because the matter has not caused her a significant personal injustice which is serious enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman

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