Summary: We will not investigate this complaint about missed bin collections. Mrs X’s claimed injustice is not significant enough to warrant our involvement.

The complaint

1. Mrs X complained the Council refused to collect her bin, due to it being contaminated by a third-party depositing waste in her bin. Mrs X asked the Council to return and collect the bin due to the waste not being hers, but it refused.
2. Mrs X said this caused a risk to the safety of her family due to waste being near the home until the next collection. Mrs X said she also had to pay for a waste collection service.

Back to top

The Ombudsman’s role and powers

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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council refused to collect Mrs X’s bin because it was contaminated. Mrs X said this was due to a third-party placing their waste into the bin.
7. Mrs X said despite explaining this to the Council, it refused to return and empty the bin.
8. In its complaint response the Council said most bins are at risk of third-party contamination. It said its bin collection crews do exercise a level of tolerance over items which may have been placed into bins by third parties. However, it said it would not collect a contaminated bin.
9. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means 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.
10. While Mrs X may have suffered a level of injustice due to the Council’s refusal to return and empty the bin; ultimately, any injustice she has suffered is a result of the third-party placing waste in her bin.
11. I am not satisfied Mrs X has suffered any significant injustice because of the Council’s actions. For this reason, we will not investigate this complaint.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because her claimed injustice is not significant enough to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman