The Ombudsman's final decision
Summary: We will not investigate this complaint about a missed bin collection and the way the Council responded. This is because there is insufficient evidence of injustice.
The complaint
The complainant, whom I refer to as Mrs X, complains about a missed bin collection. She also complains the Council breached her privacy by talking about her to her neighbours. Mrs X wants compensation.
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 fault has not caused injustice to the person who complained, or 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. This includes the complaint correspondence. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.
My assessment
Mrs X reported a missed bin collection on 8 August. The Council returned and emptied the bin on 10 August. The Council explained the crews had difficulty accessing Mrs X's road due to a broken down van. As part of the complaint response the Council said it had spoken to neighbours who said Mrs X had not presented her bin for collection.
Mrs X complains about the missed collection and inaccurate information in the responses. She is unhappy the Council spoke to her neighbours and says the officer could have spoken to her as she was home. She says she did not present her bin later in the month as there was no need, and she thinks there are bigger issues than the access problems.
Missed collections are frustrating and inconvenient but the impact of one missed collection, which was rectified, does not represent sufficient injustice to require an investigation. And, while I appreciate Ms X is unhappy the Council spoke to her neighbours this, again, is not sufficient injustice to require an investigation. Further, Mrs X says she will contact the Information Commissioner which is the appropriate body to consider complaints about data protection.
Final decision
We will not investigate this complaint because there is insufficient evidence of injustice.
Investigator's decision on behalf of the Ombudsman