The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refuse collection service. This is because the complaint does not meet the tests in our Assessment Code on which complaints we investigate. There is not enough evidence of fault by the Council. Also, the alleged injustice is not enough to warrant an investigation, and it is unlikely we could add anything to the Council’s response.
The complaint
Miss X complained the Council failed to collect all the waste she had left out. Miss X said she had overheard a comment from a refuse collector which she found unacceptable. Miss X found the failure to collect all her waste intimidating. Miss X was unhappy with the service she received from the Council’s contact centre when she tried to complain.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its responses to Miss X’s complaint the Council said: If waste is left within a communal storage area and is not in a bin it will sometimes be missed. The Council had contacted its contractor. It was not aware of any issues within the storage area close to Miss X’s home. It had reminded its contractor to remove obvious items of rubbish and it would monitor Miss X’s collections The crew has been spoken to and reminded of the need to be professional.
The missed collection of an item was a coincidence and not meant to intimidate.
It had raised Miss X’s concerns with the contact centre manager. There were several new members of staff, but the contact centre had been asked to refer complaints like Miss X’s directly to the service area.
Problems with waste collections are annoying and frustrating, but we will not investigate Miss X’s complaint. This is because the alleged fault by the Council, as well as the claimed injustice to Miss X, are not serious enough to warrant an investigation.
Also, the Council has responded to Miss X’s complaints. It has apologised and said it would monitor her collections. It has spoken to its contractor. I consider the Council’s responses to be proportionate and reasonable. Even if we investigated, we would be unlikely to add anything to the Council’s response. We will not therefore investigate Mss X’s complaint.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault or significant personal injustice. Even if we investigated, it is unlikely we could add anything to the Councils’ response.
Investigator's decision on behalf of the Ombudsman