The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions surrounding the complainant’s refuse and recycling collections. We have not seen enough evidence of fault in the Council’s actions to warrant our involvement.
The complaint
Ms X complains the Council’s refuse collection crews inspect her bins. She also says the Council accused her of intimidating the crew without any proof and it has bullied her.
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.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Following problems with refuse/recycling collections in the road where Ms X lives, the Council wrote to all residents. It required them to accept the following conditions for continued refuse collection: anyone living in or visiting the properties must not approach or speak to crews when they are collecting refuse and recycling anyone living in or visiting the properties must not approach or be within two metres of the refuse vehicle; and bins must be clearly marked with the property name or number.
The Council confirms all residents accepted the conditions except Ms X. It confirms Ms X does not present her bins for collection. All other resident’s bins are presented and collected.
The Council also confirms after the crew did not collect her recycling; Ms X left her contaminated recycling in its reception area. It checked the items left by her and confirm there were several items which could not be recycled and should have been placed in the household waste bin. It says it: provided advice about recycling and how to prevent bins from being contaminated it offered to provide a locking system to enable her to secure her bin lid to prevent anyone else putting rubbish in it it visited Ms X’s road twice to review the bins being used by residents ; and there was no evidence that MS X has been bullied or discriminated against.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault in the Council’s actions. We have not seen any evidence the Council has bullied or discriminated against her. She has decided not to accept the Council’s conditions for collecting her bins and does not present her bins for collection.
Investigator's decision on behalf of the Ombudsman