The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a missed recycling bin collection. This is because the matter has not caused Mr X any significant personal injustice which is serious enough to warrant an investigation by this office.
The complaint
The complainant, whom I shall call Mr X, complains the Council missed his recycling bin collection and did not come back to collect it after he reported it. Mr X says his bins were full and he had to dispose of his rubbish at work. Mr X says he pays taxes for refuse collections and he feels out of pocket due to the missed collection.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start or continue an investigation if we decide: any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation. (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 complained to the Council about a missed recycling bin collection. He said there were only two items in his bin yet they were not collected.
Mr X asked the Council to collect two pieces of bulky waste free of charge as compensation for the missed collection. The Council refused this request but apologised for the missed collection and any inconvenience it caused. It acknowledged the bin should have been re-collected before the next scheduled collection.
We will not investigate this complaint. This is because the missed collection has not caused Mr X any significant personal injustice which is serious enough to warrant an investigation. By Mr X’s own account, there were only two items in the bin when the collection was missed. The Council has offered an apology and this offers a suitable remedy. There is nothing further we would add or recommend.
We do not investigate every complaint we receive and we must focus our limited public resources on investigating those complaints where a person has suffered a significant personal injustice as a result of fault by a body in our jurisdiction.
Whilst I note Mr X says he feels out of pocket as a tax payer due to the missed collection, Council Tax is a local property tax rather than a service charge. As such, a refund is not due where a council service is not received.
Final decision
We will not investigate Mr X’s complaint because the matter has not caused him any significant personal injustice which is serious enough to merit an investigation.
Investigator's decision on behalf of the Ombudsman