Summary: We will not investigate this complaint about a missed bulky waste collection. This is because there is insufficient evidence of fault causing injustice.

The complaint

1. The complainant, Ms X, says the Council did not collect the bulky waste she paid £35 to have collected. Ms X wants a refund plus £15 to cover additional costs.

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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, or
• any fault has not caused injustice to the person who complained.

(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 Ms X and the Council. This includes the complaint correspondence and information about the bulky waste service. I also considered our Assessment Code.

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My assessment

4. Ms X paid £35 for a bulky waste collection. The instructions say people must leave the items as close as possible to the road and it must be possible for two people to lift the items into the van. The rules say people must re-book and pay another £35 if there has been a failed collection.
5. Ms X placed the items on some communal grass. The items included a mobility scooter which is not an item the Council collects. The photos show the collection crew would have had to walk over the grass to collect the items and then carry them back to the road. The photos show the items were not adjacent to or close to the road. The crew did not collect the items.
6. The Council explained why it had not collected the items. It said it does not collect mobility scooters. It said Ms X could re-book if she arranged for the items to be placed near the road.
7. Ms X arranged for a private firm to collect the waste. She says she made this arrangement because the Council had said she could be fined for fly-tipping. The private firm charged £50. I have seen a photograph which shows the private firm drove the van across the grass to reach the items.
8. I will not start an investigation because there is insufficient evidence of fault causing injustice. This is because Ms X did not present the waste as requested so there is no suggestion of fault in the Council’s decision not to collect the items. The suggestion that Ms X could re-book, and re-pay, reflects the policy.
9. In addition, it seems likely Ms X would have to pay an additional fee, to a private company, because the Council does not collect mobility scooters.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman