The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision to change her household waste and recycling collection point. There is insufficient evidence of fault to warrant an investigation.
The complaint
Ms X complains the Council has changed her household waste and recycling collection point without her agreement. She says this has caused her distress. She wants the Council to agree to revert to the previous collection point.
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.
(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
In its complaint responses, the Council explained to Ms X why it had changed her collection point. It said it was having difficulty collecting from the previous collection point and the matter was negatively affecting the collection crews.
It said it had offered her an assisted collection, if she did not want or was unable to place her waste and recycling at the new collection point. This would enable Ms X to have her waste collected from outside her house by the crews.
We will not investigate this complaint. Councils can decide where a resident must place their waste for collection. The Council has considered Ms X’s request to revert to the previous collection point but decided it will not do this and explained the reasons to Ms X. This is a decision the Council is entitled to make, and we cannot intervene or find fault just because Ms X disagrees with it.
In addition, the Council has offered Ms X an assisted collection. This is an appropriate action to ensure Ms X is able to have her waste collected in line with the schedule. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman