Summary: We will not investigate Miss X’s complaint about the green waste collection service she receives from the Council. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Miss X complains she is receiving an inferior garden waste collection service compared to her neighbours despite paying the same amount of Council Tax.

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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 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)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Council’s Waste Collection Policy.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X complained to the Council that she is receiving an inferior weekly green waste collection service compared to some of her neighbours. Miss X has two, 140 litre, green waste bins but the Council will only collect one. Miss X said her neighbours have larger, 240 litre, bins which the Council collects. She said she feels penalised by the Council issuing her two smaller bins and that the Council’s policy was inconsistent and unfair. Miss X asked the Council to either collect both her green bins at no extra charge or provide her with a 240 litre green waste bin.
9. The Council investigated. It explained Miss X’s green waste collection provision of a 140 litre bin was in line with its policy. Some 240 litre bins remain in use which were issued prior to 2009 to residents who opted into a subscription service for green waste collections. This service ended in 2009 when the Council moved to a free weekly food and green waste collection service via provision of a 140 litre bin per household. The larger bins are no longer stocked or provided and are being replaced with the standard 140 litre bin when they reach the end of their lifespan and are damaged or lost.
10. We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. Miss X is receiving the green waste service set out in the Council’s published policy. This states that it will provide households with a single 140 litre green wheelie bin which will be collected weekly for mixed food and garden waste. It also states that one container per household will be collected and that it will not collect containers which are over and above the allocated amount. It has clearly explained why some older, larger bins remain in use and will be replaced with the newer, standard size bins, as and when needed.
11. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the process an organisation has followed to make its decision. In this case the Council has acted in line with its published policy and there is no sign of fault in the way it made its decision. This means we cannot question it regardless of whether Miss X disagrees with it.
12. I note Miss X’s comments about receiving a lesser service whilst paying the same amount of Council Tax as her neighbours. However, Council Tax is not, and does not act as, a service charge. Payment of Council Tax does not entitle residents to receive any particular service the Council provides. The relevant policy will still apply and Miss X’s provision has been made in line with its current published policy.

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Final decision

13. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman