The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to collect garden waste and remove an unwanted bin. An investigation will not lead to a different outcome.
The complaint
Ms X complains the Council failed to collect her garden waste in previous years when it was a free service.
She also complains that it refuses to remove the bin as requested, even though she has not joined the new garden waste service subscription service.
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 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 or continue an investigation if we decide further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says the Council failed to regularly collect her garden waste in previous years. She says she did not bother to report the failed last collection in December.
Ms X asked the Council to remove her garden waste bin as it was not emptied in December, and she no longer wants the bin.
The Council advised that the December collection was the last free collection. As she did not report the missed collection, and has not joined the subscription service, it cannot collect any outstanding garden waste. Also, its policy is that the garden bins belong with the property and not to the owner. Therefore, it will not remove the bin.
Final decision
We will not investigate Ms X’s complaint because an investigation will not lead to a different outcome. Ms X did not report the last missed free collection and the Council’s policy states the bins belong with the property.
Investigator's decision on behalf of the Ombudsman