Summary: We will not investigate Mr X’s complaint about how the Council managed its waste collection service. This is because part of the complaint is late. Furthermore, we could not add to the Council’s investigation and a further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council failed to manage its waste collection service since March 2024. The matter caused him frustration. He also complained the Council poorly managed his complaint. He wants the Council to provide him with an apology and a financial remedy for the injustice caused. He also wants the Council to take action against the refuse team.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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:

• 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

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

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My assessment

6. We will not investigate any matters Mr X complained of between March 2024 and March 2025. This is because they occurred more than 12 months ago and so paragraph two of this decision statement applies.
7. Mr X complained to the Council about the conduct of its refuse team. He said he had evidence which showed members of the refuse team urinating onto his bins and on his property on two occasions.
8. The Council responded to Mr X’s complaint. It apologised for the refuse team’s behaviour and that it addressed the matter with the team to prevent a recurrence of fault. The Council offered Mr X a symbolic payment of £100 for the injustice caused.
9. The Council’s response to Mr X’s complaint was appropriate and what we would expect it to do. We could therefore not add to its response. The remedy offered was in line with our Guidance on Remedies. A further investigation would not lead to a different outcome. Subsequently, we will not investigate Mr X’s complaint.
10. We will also not investigate Mr X’s concerns about the Council’s complaint handling as we are not investigating the substantive matter. This is because it would not be a good use of public money to do so.

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Final decision

11. We will not investigate Mr X’s complaint because part of it is late. Furthermore, we could not add to the Council’s investigation and a further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman