The Ombudsman's final decision
Summary: We will not investigate this complaint about alleged problems with the Council’s bin collections on the complainant’s residential road. This is because there is insufficient evidence of fault with respect to the Council’s proposed actions to address the concerns raised. We do not consider that further investigation by us would not lead to a different outcome. We do not start an investigation in these circumstances.
The complaint
The complainant (Mr N) complains about ongoing problems with the Council’s collection of his household waste and recycling. He says the Council’s bin contractor is incorrectly disposing and handling particular waste categorises. Mr N also says the contractor’s operatives repeatedly kick bins into the path of parked cars and leave bins blocking property driveways.
In addition, Mr N also complains the Council is declining to accept future complaints form him about these issues unless he agrees to his address being shared with its bin contractor. He says this has left him feeling marginalised and unfairly treated. Mr N explains that if he agrees to the Council sharing his information, this will put him at increased risk of retaliation and poor service. As a desired outcome, Mr N wants the Council to accept and resolve his complaints without sharing his address with the bin contractor.
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: there is not enough evidence of fault to justify investigating; or any injustice is not significant enough to justify our involvement; or 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 the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
We have previously considered a complaint from Mr N about operatives allegedly kicking bins into the path of cars during collections. This matter was considered and decided in April 2024 (one month ago) and the final decision can be found on our website (reference 23020120). We decided to not investigate this issue as there was insufficient evidence of Mr N suffering a significant enough injustice to warrant our involvement. We do not accept complaints where we have already considered and decided the same matter.
I have not seen any evidence or details of specific instances where operatives have left bins blocking driveways and mishandled particular types of waste. However, the Council has proposed more targeted monitoring and supervision in respect of the ongoing issues being raised. In order to implement these added measures, the Council is asking for Mr N’s consent to share his address with the contractor and its relevant supervisors. Prior to this, the Council has agreed to keep Mr N’s address details anonymous and apply monitoring to a larger geographical area. However, the Council says this has not been helpful in addressing Mr N’s concerns. In my view, this is a suitable measure which should allow the Council to investigate the issues further and resolve problems identified. Were we to investigate, I do not consider we would recommend the Council take any other action than that proposed already.
I note however that Mr N has declined to give consent for his address to be shared with the Council's contractor. He says he is fearful about suffering repercussions from bin operatives. I do not consider there is any evidence or reasonable basis for Mr N to believe that his complaints about the collection service could result in retaliatory action. In my view, Mr N is pointing to a speculative injustice and it is not our role to remedy such concerns. The Council has explained it needs to be able to share his address with the contractor’s supervisor team to ensure focussed monitoring of the alleged problems. I consider the Council has given legitimate reasons for why this information sharing is needed. I have not identified any fault with what the Council has told Mr N about it not accepting anonymous complaints from him.
Final decision
We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council with respect to its proposed action to address the concerns raised. We do not consider that further investigation by us into the issues raised would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman