The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council did not collect waste from his property. There is not enough evidence of fault to justify investigating.
The complaint
Mr X complains the Council did not collect additional side waste from his property although it collected this from his neighbour. Mr X feels the Council has discriminated against him.
Mr X also complains the Council did not provide video footage as he requested to support his complaint.
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 there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint response, the Council explained it does not collect additional waste when it collects the main bin unless this has been authorised by its Waste Management Team. The Council said there was no such authorisation in place for Mr X on this occasion therefore it did not collect any additional side waste. There is not enough evidence of fault by the Council so I will not investigate.
I will not investigate Mr X’s complaint that the Council refused to provide video footage of the collection. It is reasonable to expect Mr X to take the matter to the Information Commissioner’s Office because it is the appropriate body to consider such disputes.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman