Summary: We will not investigate this complaint about missed waste collections. The Council has explained the reasons for the service failure and what it is doing. It is unlikely we would add to that or reach a different outcome. The claimed injustice is not enough to justify our involvement.

The complaint

1. Mr B says the Council has not collected waste through the summer which caused an infestation of flies and he could not open his windows. Mr B says he had to pay for private waste collection. Mr B also says the Council delayed responding to his complaint and has given false information. Mr B wants the Council to admit mistakes, apologise and refund costs.

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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:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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. We do not investigate all complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
6. When it comes to waste collections, mistakes can happen, and from time-to-time most people will have a missed collection. The Council has explained the reasons for the service failure here, and what it is doing to resolve the issues. So, we will not investigate Mr B’s complaint, because the injustice caused regarding the flies is not significant enough to justify our continued involvement in the case. The injustice of the costs of a private waste collection appears to be caused by the actions of the management company for the block of flats where Mr B lives. The Council has correctly told Mr B to raise the issue with the management company.
7. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has investigated and taken the right steps in considering relevant information and evidence. I understand Mr B disagrees. However, this is not evidence of fault in the Council’s decision or the way it has investigated.
8. Mr B is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

9. We will not investigate Mr B’s complaint because there is not enough injustice caused by the Council’s actions. It is unlikely we would add to the Council’s investigation or reach a different outcome.

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Investigator's decision on behalf of the Ombudsman