The Ombudsman's final decision
Summary: We will not investigate this complaint about missed garden waste collections because there is insufficient evidence of injustice.
The complaint
The complainant, whom I refer to as Mrs X, complains about missed garden waste collections. She says she paid for a service she did not get. Mrs X wants a full refund.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mrs X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Mrs X paid £52 in 2020 for 26 garden waste collections. Her subscription ended in January 2021 and she did not renew it. Instead she complained to the Council and said she had had many missed collections although had not reported them all. Mrs X asked for a refund.
The Council replied in late 2021. It apologised for the poor service and said that if she renewed it, it would ensure the collections took place. The Council declined to provide a refund.
Council records show there was a missed collection in March 2020 and three missed collections from October to December 2020.
Missed collections are annoying and frustrating. However, I will not start an investigation because there is insufficient evidence of injustice. There are four recorded missed collections which equate to a financial loss of £8. This, even while recognising the inconvenience and the Council’s delayed response to the complaint, does not represent an injustice which warrants an investigation. And, while Mrs X implies there may have been missed collections she did not report, I can only consider the events the Council was aware of and its records show four missed collections.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of injustice.
Investigator's decision on behalf of the Ombudsman