Summary: We will not investigate this complaint about the Council’s refuse collection. This is because there is no worthwhile outcome achievable by our investigation.

The complaint

1. Mr X complains the Council wrongly stated his recycling was contaminated and therefore refused to empty it. He says this may have caused him a financial loss.
2. Mr X is seeking an apology and compensation, and investigations into data protection issues and his health concerns.

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The Ombudsman’s role and powers

3. 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 no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X complains the bin operatives made a decision the recycling container was contaminated and they would not therefore empty it.
7. He also complained about the way the bins were left by the bin operatives as he said they were obstructive.
8. Mr X has also raised complaints about how the Council has handled his data and about how it responded to his health concerns.
9. The Council explained the bin operatives are aware of what forms contamination and they recorded the bin was contaminated. If we were to investigate, we could not look at the issue beyond what the operatives recorded and what Mr X has said.
10. We would not be able to make a decision as to whether the bin was in fact contaminated or not.
11. The Council has said it will reiterate to all collection crews that bins should be replaced correctly.
12. The ombudsman does not consider complaints about data protection as these should be directed to the Information Commissioner’s Office.
13. The Council has explained why it cannot help Mr X with health concerns and explained how his concerns should be directed.

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Final decision

14. We will not investigate Mr X’s complaint because we could not achieve a worthwhile outcome by doing so.

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Investigator's decision on behalf of the Ombudsman