Summary: We will not investigate Miss X’s complaint about several missed refuse collections. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Miss X complains the Council missed numerous refuse collections of the communal bins at her property over a two to three month period.

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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, or
• we could not add to any previous investigation by the organisation. (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. Miss X complained to the Council about the matter set out in paragraph one, above.
6. The Council upheld Miss X’s complaint and apologised to her for the inconvenience caused. It said the collection crew had reported access issues on several occasions which meant the collection could not be completed. It explained the access issues were caused by cars in the car park where the communal bins are located. It explained it is not responsible for parking issues in this car park and suggested Miss X raise the matter with her property landlord for it to address it. It said it had asked the crew to report any further access issues and to return if they are unable to access the bins to complete a collection.
7. We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It has acknowledged a number of refuse collections were missed. However, this was not due to fault by the Council but by the actions of third parties and it is not responsible for parking issues at this location. It is unlikely that a further investigation of the matter by this office could add to the explanation and response already provided by the Council via its own investigation of the matter. As such, it does not warrant the use of limited public funds to carry out an investigation.

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Final decision

8. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council here to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman