Summary: We will not investigate this complaint about a missed refuse collection. This is because the injustice is not significant enough to justify investigation.

The complaint

1. Ms X complains the Council failed to collect her domestic waste, and took too long to correct this. She says this caused an environmental hazard and problems with her neighbours. She seeks financial compensation.

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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 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)).

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6).

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained to the Council in January 2025 that it did not empty her recyclable waste bin or garden waste.
6. The Council replied Ms X had not presented her recyclable waste bin for collection at the required time. It also said she had not subscribed to the garden waste collection.
7. Ms X stated in a complaint about another service area that the Council’s reply was false. And she said it delayed collecting the waste. This caused inconvenience, and led to environmental concerns and harassment from her neighbours.
8. The Council replied in its response regarding another service area that Ms X could complain to the Council.
9. It is not clear whether Ms X raised a further complaint specifically about waste collection as the Council advised.
10. We would normally expect a complainant to pursue a complaint through the Council’s procedures. However, it is not reasonable or necessary to expect the Council to consider it now and so I have exercised our discretion to consider the complaint without completing the complaints procedure.
11. The complaint relates to one missed collection and the inconvenience this caused. Therefore, I consider the injustice is not significant, and it does not warrant investigation by the Ombudsman.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough injustice to justify an investigation.

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Investigator's decision on behalf of the Ombudsman