Summary: We will not investigate this complaint about missed bin collections. There is not enough evidence of fault in the Council’s actions, so further investigation would not lead to a different outcome.

The complaint

1. Mr Y complained the Council missed two bin collections, refused to offer him a partial refund and did not handle his complaint properly.
2. Mr Y said this caused him distress and a loss of faith in the Council.
3. Mr Y wants the Council to apologise, review its processes so all missed bin collections trigger a partial refund, and to offer him a partial refund for the two missed bin collections.

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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:

• there is not enough evidence of fault to justify investigating, or
• 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 information provided by Mr Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y complained to the Council after it missed two bin collections.
8. The Council apologised to Mr Y for the two missed bin collections and accepted that it did not handle his complaint in line with its two-stage complaints procedure.
9. The Council also said its policy stated that a partial refund would apply if there were three missed bin collections. As there had been two missed bin collections, a partial refund would not apply in Mr Y’s case.
10. We will not investigate this complaint. As the Council accepted fault, apologised and considered the request for a partial refund in line with its policy, there is not enough evidence of fault to warrant us investigating. Further investigation would not lead to a different outcome.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.

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Final decision

12. We will not investigate Mr Y’s complaint because there is not enough evidence of fault in the Council’s actions, so further investigation would not lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman