Summary: We will not investigate this complaint about the Council’s waste collection service. This is because further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council’s waste collection team acted unprofessionally. He said he recorded them littering, shouting and not returning his bins.
2. He said the Council disclosed his personal details to the waste crew which was a data breach and he is unhappy with how the Council investigated his complaint. He said it had been frustrating. He wants an apology and the Council to provide an account of disciplinary or service review actions.

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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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint

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

4. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended.)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained about the conduct of the waste collection team and submitted video footage to the Council. The Council initially responded as a service request. Its discussed Mr X’s concerns with him and explained it would sweep any littering. It said it addressed the issues with the waste team, and explained why crew were kept on certain rounds.
8. Mr X said the Council should not have responded to his complaint as a service request. The Council apologised and said it should have provided a stage one response.
9. In its complaint response the Council said it reviewed the footage Mr X provided and met with the waste team. It said it explained to the team that it must return bins to their original place. The Council said it disagreed the footage showed screaming and shouting but as Mr X believed a crime had been committed, it directed him to contact the police.
10. The Council apologised for any offence caused when it suggested Mr X may have had previous interactions with one of the crew members outside work. It said it was happy to be corrected that was not the case.
11. Mr X complained the Council shared his personal information with the waste crew. In its response the Council said to improve standards of service delivery, it was often necessary that it shares an address with the waste team.
12. We will not investigate this complaint for the following reasons:
• The Council responded to Mr X’s complaint and reviewed the footage he provided. I discussed it with the waste team to improve its service. It explained its reasons to Mr X as to why crew members were kept on certain rounds. It also apologised for suggesting Mr X may have had interactions with a crew member outside of their work. Further investigation would not lead to a different outcome.
• It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
• If Mr X is unhappy with information shared by the Council and believes it applied data protection legislation incorrectly, that would be a matter for the ICO.
• Our role is to consider complaints where the person bringing the complaint has suffered a significant personal injustice as a result of actions or inactions of the Council. Any injustice to Mr X is not significant enough to justify our involvement.

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Final decision

13. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman