Summary: We will not investigate Mr X’s complaint about the Council’s decision not to refund his payment for a bulky waste collection. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council's decision not to refund his payment for a bulky waste collection after a third party took the items he left out ready for collection before the Council took them.

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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 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. We will not investigate Mr X’s complaint. This is because there is no sign of fault by the Council here. The Council’s bulky waste terms and conditions are published on its website. It states that all payments are non-refundable.
6. The terms and conditions also state that a customer may cancel a collection up to one working day before the collection date. Mr X did not request the cancellation or refund within this timeframe.
7. The Council’s response to Mr X’s refund request is in line with its published terms and conditions and so there is insufficient evidence of fault by the Council here to warrant an investigation.

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Final decision

8. We will not investigate Mr X’s complaint because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman