Summary: We will not investigate Mr X’s complaint about bin collections. Part of the complaint is late, and any injustice relating to more recent events is not significant enough to justify investigating. We will not investigate complaints about complaint procedures where we are unable to deal with the substantive issue.

The complaint

1. Mr X complained the Council:
• repeatedly failed to collect his bin over a period of five years;
• knocked over his brown bin; and
• failed to properly investigate his complaint.
2. Mr X said these issues have caused emotional distress. He wanted the Council to provide financial compensation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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
• any fault has not caused injustice to the person who complained, or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We usually expect people to complain to us within 12 months of becoming aware of the events they are complaining about. Any issues Mr X has complained about which occurred more than 12 months before bringing his complaint to us are now late. I have seen no evidence to suggest Mr X could not have bought his concerns to us sooner, so I will not exercise discretion to investigate those matters now. This means we will only consider matters between February 2025 and February 2026.
9. Mr X complained the Council repeatedly failed to collect his bin. The evidence shows Mr X reported five missed bin collections over a period of one year. The Council took actions to address Mr X’s complaint, including:
• attending his address to discuss his complaints;
• calling Mr X to discuss his complaints;
• apologising for any inconvenience;
• explaining his bin was likely missed because when checked, it was found to be contaminated; and
• offering to send him guidance regarding which items go in each bin for future reference.
10. Mr X also said the Council knocked over his brown bin. The Council investigated this matter. It apologised to Mr X and explained this was an accident.
11. We will not normally investigate a complaint unless there is good reason to believe that the complainant has suffered significant personal injustice as a direct result of the actions or inactions of the service provider.
12. This means that we will normally only investigate a complaint where:
• the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures by the service provider, or
• there are continuous and ongoing instances of a lower-level injustice that remain unresolved over a long period of time.
13. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
14. Any injustice from these matters is not significant enough to justify investigating. The Council took actions within its power to address Mr X’s complaint and prevent further issues in the future. We could not add to any previous investigation by the Council.
15. Mr X also complained the Council failed to properly investigate his complaint.
16. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. In any event, it is unlikely we would find fault with the Council if we were to investigate, as it has taken numerous actions to resolve Mr X’s complaint.

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Final decision

17. We will not investigate Mr X’s complaint because part of the complaint is late, and any injustice is not significant enough to justify investigating. We will not investigate complaints about complaint procedures where we are unable to deal with the substantive issue.

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Investigator's decision on behalf of the Ombudsman