The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about her clinical waste collection. We cannot investigate the actions of the private waste collection company and there is insufficient evidence of fault in the Council’s actions.
The complaint
Ms X complains the Council has not taken sufficient action to ensure the private company that collects her clinical waste leaves her with sufficient clinical waste sacks.
The Ombudsman’s role and powers
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as private waste collection companies. (Local Government Act 1974, sections 25 and 34(1), 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 not enough evidence of fault to justify investigating, 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X asked the Council to contact the private waste collection company on her behalf to ask it to ensure it provided her with sufficient clinical sacks. The Council contacted the company who confirmed it had reminded its drivers to provide her with sufficient sacks on each collection.
We will not investigate the complaint. We cannot investigate the actions of the private company. The Council contacted the company on her behalf as it agreed and advised her of the outcome. There is insufficient evidence of fault in the Council’s actions and an investigation could not achieve anything more.
Final decision
We will not investigate Ms X’s complaint because we cannot investigate the actions of private companies and there is insufficient evidence of fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman