Summary: We will not investigate Mrs X’s complaint about the Council’s pricing scale for its optional garden waste subscription service. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complains about the Council’s pricing scale for its garden waste service which is based on the Council Tax band of the property. This means the charge is higher for Mrs X this year because she lives in an F band property.

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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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Councils are not legally required to provide a garden waste service. The Council provides an optional service to collect garden waste which is paid for via an annual subscription service should a resident choose to use it. The Council can decide the charges for this optional service. Details of the charges are published on its website.
8. Mrs X complained to the Council about the pricing structure for its garden waste service, as set out above.
9. The Council explained the change in the pricing structure was put in place as part of its commitment to phase out the charges over time. It is focusing on supporting those who are less likely to be able to afford the service and trying to keep the service accessible to as many residents as possible. The change formed part of its overall 2025/26 budget proposals. These were published in advance and were considered, debated and approved at meetings of the Executive and Full Council which are open to the public.
10. We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. 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 processes it followed to make its decision. I have seen no sign of fault in the way in which the Council has decided this matter. The charges are applied in line with its published policy. It has explained why the change was made and showed it followed the relevant process. There is no sign of fault in the Council’s actions here. Mrs X is not required to use the service if she considers the charge is too high and does not provide value for money. As set out in the Council’s response, there are alternative methods she can use to dispose of her garden waste which do not incur a charge.

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Final decision

11. We will not investigate Mrs 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