Summary: We will not investigate Mr X’s complaint about the Council’s waste collection service. The matter complained about did not cause a personal injustice significant enough to warrant an investigation and our involvement would not lead to a different outcome.

The complaint

1. The complainant, Mr X, complained about the Council’s waste collection service. Mr X says the driver of one of the Council’s waste collection vehicles refused to reverse to allow Mr X past. Mr X says the driver instructed staff to block his vehicle so another car could pass. Mr X says there was a repeat incident, and the Council has not provided details of the legislation which allows a council’s vehicles to block the road.

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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, or
• there is no worthwhile outcome achievable by our investigation.

(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 start an investigation into Mr X’s complaint. This is because while I understand Mr X’s frustrations, the matter complained about did not cause a personal injustice significant enough to warrant our involvement. We only investigate the most serious cases and that test has not been met.
6. The Council has also apologised and said it had issued formal instructions to its drivers. Our involvement would not achieve anything more or lead to a different outcome.
7. Mr X says the Council has not provided details of the legislation which gives waste collection vehicles the right to block the road. But it is not our role to ensure councils respond to every question asked by a member of the public. Also, the injustice from the Council not responding to this point is not enough to warrant our involvement. We will not therefore investigate.

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Final decision

8. We will not investigate Mr X’s complaint because he has not been caused a significant personal injustice and our involvement would be unlikely to lead to a different or worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman