The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council failed to send him a garden waste permit. This is because an investigation by the Ombudsman would not achieve any additional outcome for Mr X.
The complaint
Mr X complained the Council failed to send him a garden waste permit.
Mr X says the matter caused him frustration.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or there is no worthwhile outcome achievable by our investigation.
(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
Mr X applied for a garden waste permit in February 2024. In the application, Mr X confirmed his home used garden waste bags to dispose of his garden waste.
Mr X then complained to the Council and said he had not received a permit for his garden waste.
The Council responded in April 2024. It told Mr X under its garden waste scheme homes using garden waste bags rather than a garden waste bin do not require a physical permit. It told Mr X his address was registered for garden waste bag collection. It apologised for any confusion and said it had updated its website to clarify that no physical permits would be sent to homes using garden waste bags.
In his complaint to the Ombudsman, Mr X said he had a garden waste bin.
Analysis We will not investigate Mr X’s complaint. In the original application to the Council Mr X confirmed his home had garden waste bags, not a bin. Mr X complained when he did not receive a physical permit. However, the Council told Mr X in its complaint response that it does not send physical permits to properties using garden waste bags. It apologised for any confusion caused and updated its website to clarify it would not send physical permits to homes using garden waste bags. This is sufficient to remedy any uncertainty caused to Mr X about the permit, and an investigation by the Ombudsman is unlikely to achieve any other meaningful outcome.
Final decision
We will not investigate Mr X’s complaint because an investigation by the Ombudsman is unlikely to achieve any other outcome.
Investigator's decision on behalf of the Ombudsman