Summary: We will not investigate this complaint about missed refuse and recycling collections. There is service failure by the Council which has caused frustration, time and trouble. But there is not enough injustice caused by this failure to justify our further involvement. We are satisfied with the Council’s actions to apologise and change procedures to improve service.

The complaint

1. Ms B says the Council has failed to consistently collect her refuse and recycling since May 2024. Ms B has had time and trouble reporting the missed collections and making complaints. Ms B says the Council failed to action a sought street clean. Ms B is frustrated at the constant problems. Ms B wants the Council to pay a sum to reflect her injustice, and to produce an action plan to improve future service.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. 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 fault has not caused enough injustice to the person who complained 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.

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

5. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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. I have no evidence Ms B complained to the Council about a lack of street cleaning. The complaint to the Council was about refuse and recycling. I will not therefore consider any concerns about street cleaning and Ms B would need to make a complaint to the Council about that.
9. The Council accepts service failure in its collection of Ms B’s refuse and recycling. The Council has apologised to Ms B for the impact on her. The Council has introduced new technology to better oversee its collections, and to reallocate work more effectively.
10. We do not investigate all complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.

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Final decision

11. We will not investigate Ms B’s complaint because we are satisfied with the actions the Council took in response to the complaint, and there is not a significant enough injustice to justify the Ombudsman’s involvement.

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Investigator's decision on behalf of the Ombudsman