The Ombudsman's final decision
Summary: We will not investigate this complaint about missed recycling collections because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council has not collected recycling from the communal bin store since September. Mr X denies there is a contamination problem. Mr X wants compensation.
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 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. This includes the complaint correspondence and photographs. I also considered our Assessment Code.
My assessment
Mr X complains the Council has not collected the recycling from the communal bin store since September. He denies the bins are contaminated as the Council has said. He has alleged the photos are false and/or the crew has deliberately contaminated the bins.
The Council said it does not empty contaminated bins. It said it is the responsibility of residents or the agent to remove contaminated waste. It said it had carried out a waste audit and provided guidance to residents on what items can be placed in the recycling bins.
The Council visited the site in March and again found contamination in the recycling bins.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have considered the photographs and they show an over-flowing bin store and contaminated bins. The policy says the Council will not collect contaminated waste and it is the responsibility of the residents or agent to resolve. The Council has acted appropriately by explaining the situation to Mr X and providing information to residents about the items they can recycling. There is nothing to suggest the photos have been fabricated or the crews are contaminating the bins.
I appreciate Mr X may feel frustrated with the missed collections but there is insufficient evidence of fault by the Council to warrant an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman