Summary: We will not investigate Ms X’s complaint about bin collections and harassment. Either further investigation would not lead to a different outcome or there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council has failed to collect one or both communal recycling bins where she lives for several years and that this problem is ongoing.
2. She also complains the Council is harassing her.
3. She says that as a result, there have been pest infestations and she has been caused anxiety and distress.

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The Ombudsman’s role and powers

4. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered the information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complains the Council has not collected one or both communal recycling bins where she lives on many occasions over several years. The Council says this is because the rubbish has been contaminated. Ms X disagrees.
8. The Council and Ms X have different views of the situation. We will not investigate this complaint as we could not say which version was correct. Both parties are now taking photographs to evidence what they say which should help resolve future disputes.
9. Ms X has sent me some of the correspondence she thinks constitutes harassment. Although I appreciate the distress Ms X feels, I have not seen enough evidence of fault to justify an investigation.

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Final decision

10. We will not investigate Ms X’s complaints because further investigation would not lead to a different outcome or there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman