The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Mx X’s refuse collection. This is because there is no worthwhile outcome achievable.
The complaint
Mx X complains the Council: repeatedly missed their refuse collection for several years; and handled their complaint poorly.
She wants the Council to collect her rubbish on time.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by Mx X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mx X complained to the Ombudsman in February 2024. I will not consider any matters arising before February 2023, because it is over 12 months since they became aware of the issue. Therefore, matters before February 2023 are late and there is no good reason to investigate now.
The Council says Mx X made two reports of missed collections in 2023. In summer 2023, the Council apologised to Mx X, explained this was likely due to a new crew and reminded its contractor about Mx X’s collection point.
Ms X made a further report of a missed collection in early 2024. The Council has not yet had the opportunity to investigate and reply to this complaint. However, it has since confirmed Mx X’s collection point with its new refuse staff to prevent recurrence. And it says it has not received further reports since. There is no worthwhile outcome achievable by further investigation.
It is not a good use of public resources to investigate complaints about complaints procedures if we are not investigating the substantive issue.
Final decision
We will not investigate Mx X’s complaint because there is no worthwhile outcome achievable by further investigation.
Investigator's decision on behalf of the Ombudsman