The Ombudsman's final decision
Summary: We will not investigate this complaint about the time of the refuse collections. This is because there is insufficient evidence of fault by the Council and because we could not achieve the outcome the complainant hopes for.
The complaint
The complainant, whom I refer to as Mrs X, complains about early morning noise and disruption caused by the refuse collections. Mrs X wants the Council to change the route and collect the waste later.
The Ombudsman’s role and powers
The Ombudsman investigates 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: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes the complaint correspondence and information about the start time. I also considered the Ombudsman’s Assessment Code.
My assessment
Mrs X has, on a number of occasions, complained to the Council about early morning refuse collections. At times the Council has changed the route so there is a later collection.
Mrs X complained in 2022 as the collection was soon after 6.30am. In response the Council said the collection is within the agreed time frame and it is difficult to re-arrange the routes. The Council said it is reviewing the rounds but it does not know if the collection time for Mrs X’s road will change.
I will not investigate this complaint because there is insufficient evidence of fault by the Council and we have no power to tell the Council to change the route. The Council allows collections from 6.30am and Mrs X has complained about collections after 6.30am. I appreciate refuse collections are noisy but as they are after the agreed start time there is no suggestion of fault. In addition, the routes are designed to take into account factors such as road safety for schools and busy areas, fuel efficiency and when the van will need to be emptied. Changing the time of the collection in one street would disrupt the whole round.
In addition, it is not our role to tell a council how to organise its collections. In the past the Council has tried to accommodate Mrs X’s requests but it is for the Council, not us, to decide when the bins in Mrs X’s street are emptied. As the route is part of a complex plan for the whole area, it is not possible for us to ask the route to be changed for one street.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because we could not achieve the outcome Mrs X would like.
Investigator's decision on behalf of the Ombudsman