Summary: We will not investigate this complaint about missed garden waste collections. The injustice caused to the complainant is not significant enough to justify our continued involvement in the matter, and the Council has already taken satisfactory action in response to the complaint.

The complaint

1. Mr X complains about two missed garden waste collections. He says he works night shifts and cares for a disabled child, so was put to unnecessary inconvenience by having to take the waste to the local refuse site.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we are satisfied with the action the Council has already taken in response to the complaint.

(Local Government Act 1974, section 24A(6) & (7), as amended, section 34(B))

3. With regard to the first two bullet points above, our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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How I considered this complaint

4. I considered information provided by Mr X and the Council, which included their complaint correspondence.
5. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. I appreciate Mr X had paid a subscription fee for the collection service, and was put to time, trouble and inconvenience by having to dispose of the garden waste himself. However, I am also mindful that the Council says Mr X did not report the missed collections on its website when they occurred.
7. Overall, I do not consider Mr X has suffered a personal injustice which is significant enough to justify the Ombudsman pursuing the matter further.
8. In addition, the Council has apologised to Mr X, reiterated clear instructions to the refuse crew members, and monitored the collections for a 4-week period. This was a satisfactory way to address the complaint, so the Ombudsman would not start an investigation for this reason too.

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Final decision

9. We will not start an investigation because the injustice caused to Mr X is not significant enough to justify our continued involvement in the matter, and the Council has already taken satisfactory action in response to the complaint.

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Investigator's decision on behalf of the Ombudsman