The Ombudsman's final decision
Summary: We will not investigate this complaint about an alledged failure by the Council to adhere to normal household bin collections over the last few months. This is because the level of injustice to the complainant is insufficient to warrant our involvement.
The complaint
The complainant (Mrs Z) complains about the frequency of household bin collections by the Council. She says recently that her and other residents have only had their bins collected fortnightly, sometimes longer. She says this too long to wait for collections and the Council has not addressed the problem.
In summary, Mrs Z says the alledged fault results in household waste being left around for too long which attracts vermin and smells. As a desired outcome, she wants the Council to collect her household waste weekly.
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 an investigation if we decide any injustice is not significant enough to justify this. (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
The Council has acknowledged that bin collections are operating in the area as normal due to significant pressures on the service. It says the Council is experiencing localised disruption to the refuse collection services due to industrial action which is impacting many households in its area.
Before accepting a complaint, we must be satisfied the alledged fault has caused the complainant a significant and personal injustice. This means the complainant must show a likelihood of fault by the Council causing them serious financial loss, harm or distress. While I recognise the points made by Mrs Z, I do not consider the alledged fault has caused a sufficient level of injustice to warrant investigation. The claimed injustice is not beyond what other households in the Council’s area are experiencing, the operational issues are temporary and it is working to resume normal collections and provided advice.
Final decision
We will not investigate this complaint. This is because the restrictions I outline at paragraph three (above) applies.
Investigator's decision on behalf of the Ombudsman