The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s waste collection policy which means it will not collect Mr X’s building waste using its domestic waste collection service. This is because there is no evidence to suggest fault by the Council.
The complaint
The complainant, who I refer to as Mr X, says the Council will not collect his bags of building waste as part of its domestic waste collections because it has told him it is contaminated and so he will have to pay a fee for a special collection.
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 Mr X, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has bags of building waste which he wishes to dispose of and for which he has a report which confirms no asbestos is present within the waste.
However, the Council has explained to him that while he has provided proof the waste does not contain asbestos, its policy does not allow the collection of builder’s waste as part of the domestic waste collection service. It has told Mr X that he can take up to 6 bags of waste once a month to one of its recycling centres or pay for a special collection.
As there is no evidence to suggest the Council is not properly following its waste collection policy, we will not investigate the complaint.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman