The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s refuse collection policy or that it failed to collect her recycling on one occasion. This is because the claimed injustice is not significant enough to warrant our involvement.
The complaint
Ms X complained the Council: failed to collect her recycling on one occasion – the Council said the bin was marked as contaminated with electrical waste. Ms X said the bin was not contaminated; and has a flawed policy relating to identifying contaminated waste during collections.
Ms X said the matter caused her frustration and distress.
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 any injustice is not significant enough to justify our involvement. (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
The Council noted Ms X’s recycling was contaminated with electrical waste. It did not collect her recycling as a result. Ms X said there was no electric waste in the bin.
We will not investigate this complaint. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
The Council did not collect Ms X’s recycling on one occasion. The resulting injustice is not significant enough to warrant our involvement, and so we will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint because the claimed injustice is not significant enough.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman