Summary: We will not investigate Mr B’s complaint that his garden waste was not collected as scheduled. This is because we have decided any injustice is not significant enough to justify our involvement.

The complaint

1. Mr B complains the Council did not collect his garden waste as scheduled. Mr B says the Council has refused to pay him a partial refund of the annual subscription fee. Mr B says he is entitled to this under the Consumer Rights Act 2015 because he has not received a service he has paid for.

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The Ombudsman’s role and powers

2. People may complain to us about injustice caused by:
• ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or
• the actions of an organisation in connection with privately arranged adult social care.

(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).

3. 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), or section 34B(8)).

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How I considered this complaint

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

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My assessment

6. The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
7. We generally do not investigate complaints about a small number of missed waste collections or ask councils to pay a financial remedy in such circumstances. The annual fee for the garden waste collection service is £69 and this covers a maximum of 24 collections. The partial refund Mr B seeks is a very modest sum and does not justify public money being spent on an investigation or the pursuit of a financial remedy by the Ombudsman.

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Final decision

8. We will not investigate this complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman