The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council communicated changes to its refuse collection. There is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained the Council did not communicate changes to its refuse collection properly. He said he was unaware the Council would not collect household waste where the bin lid was open. He said because of this, his wife had to take their rubbish to the refuse centre and the bin became infested with maggots. He wants the Council to improve its communication and pay compensation of £250.
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 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint response to Mr X, the Council said it had moved from weekly to fortnightly refuse collections in June 2023. It said it advertised the change on local radio, on the side of refuse trucks, through social media, on its website and that it also sent postcards to every household. It confirmed its ‘closed lid’ policy was not new, but one it had introduced in 2011 as a safety precaution for staff and vehicles.
We will not investigate Mr X’s complaint. Firstly, that is because I am satisfied the Council has properly advertised any changes to its refuse collection. It has also provided evidence to the Ombudsman of a poster showing that bin lids need to be shut and confirmed this information is also available on its website.
The Council did not take Mr X’s bin because it was overloaded and not closed in line with its policy. The Council has confirmed this is not a new policy. Therefore, there is not enough evidence of fault to justify our involvement.
Secondly, 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 by an organisation. I do not consider the Council’s actions have caused Mr X a significant injustice.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman