The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to issue a refund for missed garden waste collections. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains that despite five missed bin collections, the Council has refused to refund his garden waste bin subscription.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains the Council has missed garden waste bin collections on five occasions. He asked the Council to refund his subscription fee. The Council referred Mr X to its terms and conditions. It said that as there were not three consecutive missed collections reported within two days, Mr X was not entitled to a refund.
Final decision
We will not investigate Mr X’s complaint because is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman