The Ombudsman's final decision
Summary: We will not investigate this complaint about failure to collect garden waste on one occasion, because Mr C’s injustice does not justify our involvement.
The complaint
The Council failed to collect Mr C’s garden waste on one occasion. Mr C says he will have to pay for a contractor to empty the bins which will cost £30.
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 or may decide not to continue with an investigation if we decide: any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council does not have any statutory duty to collect garden waste, and so it charges for the service. Mr C pays the Council to have two bins emptied fortnightly.
On one occasion the Council failed to empty Mr C’s bins because the contractors it uses were on strike. The Council has said it will not send a crew to complete the missed collection and will not provide a refund for it.
Mr C wants the Council to pay the £30 he says it will cost for another company to empty his two bins.
I recognise not collecting the garden waste is a service failure by the Council, and I recognise Mr C’s frustration. However, Mr C’s injustice is not significant enough to justify our involvement.
Final decision
We will not investigate Mr C’s complaint because his injustice does not justify our involvement.
Investigator's decision on behalf of the Ombudsman