Summary: We will not investigate Mr and Mrs X’s complaint about waste collection because there is not enough evidence of fault to justify an investigation by the Ombudsman.

The complaint

1. Mr and Mrs X have assisted bin collections. They complain the Council emptied a bin containing gardening tools in error. They say it was not in the designated collection place and would like the Council to pay for replacement tools.

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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. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr and Mrs X complained to the Council that it had collected a bin containing gardening tools instead of recycling and food waste. The Council said it returned to collect the food waste and recycling the next day. It visited Mr and Mrs X and said it would not replace the tools because the bin was in the location it had recorded as the assisted waste collection point.
6. The Ombudsman is 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 an organisation followed to make its decision.
7. The Council reviewed the CCTV footage from the collection vehicle, visited Mr and Mrs X at home and considered the information it had about the bin collection location. The Council took appropriate steps to make its decision, and I cannot therefore criticise it, regardless of whether Mr and Mrs X disagree with the decision.

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Final decision

8. We will not investigate Mr and Mrs X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman