The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the increased cost of the Council’s garden waste service this year. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I shall call Mr X, complains the Council has increased the cost of its optional garden waste service from £26.50 to £46.50 this year.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about its decision to increase the cost of its garden waste service to £46.50 this year We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. Councils are not required to collect garden waste. It is an additional, optional, service that residents can choose to pay for. The Council has decided to increase the charge for this service this year and it has clearly explained its reasons for doing so. It is a decision the Council is entitled to make. We cannot question the merits of a council’s decisions where, as here, there is no sign of fault in the way it was reached.
Final decision
We will not investigate Mr X’s complaint because there is no sign of fault by the Council.
Investigator's decision on behalf of the Ombudsman