Summary: We will not investigate this complaint about garden waste. This is because there is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains the Council charges him to collect leaves from a Council-owned tree and will not collect them for free.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X says leaves from Council-owned trees fall onto his property. He says he should not have to pay the Council’s garden waste charge to dispose of them.
6. The Council considered Mr X’s complaint. It explained the garden waste service is an optional paid service and the charge applies to all residents who choose to use it. The Council said there are no plans to change its policy to exempt residents from the charge where leaves come from Council-owned trees.
7. The Council’s policy says that it will not clean leaves from Council trees on private land.
8. We will not investigate Mr X’s complaint. This is because there is no evidence of fault by the Council. The Council considered his complaint and explained that the garden waste charge applies to all residents who use the service. It also explained why it would not make an exception when leaves come from Council-owned trees. It is a matter for the Council to decide how best to manage its refuse services, including garden waste.
9. We are not an appeal body. This means we do not take a second look at the Council’s decision to decide if it was wrong. Instead, we look at the processes it followed to make its decision. If, as here, we consider it followed the correct process, by deciding the matter in line with its policy, we cannot question whether it was right or wrong even though Mr X disagrees with it.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman