Summary: We will not investigate this complaint about the Council’s decision not to provide free garden waste removal. This is because the injustice is not significant enough to warrant an investigation.

The complaint

1. Leaves from council owned trees fall into Mr X’s garden. He complains the Council refuses to provide free garden waste removal, despite all the waste coming from the council owned trees.

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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 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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered information provided by Mr X.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X is responsible for the clearing of leaves in his garden, even if they come from council owned trees. The Council does not have a duty to help Mr X clear the leaves. Its refusal to offer Mr X free garden waste collection is not sufficient injustice to warrant an investigation.
6. Garden waste collection is an opt-in service and subscription is not compulsory. If Mr X is unhappy with the cost of the service, it would be reasonable for him to use other means of addressing autumn leaves regardless of their source.

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Final decision

7. We will not investigate Mr X’s complaint because there is insufficient injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman