London Borough of Havering (24 011 109)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 11 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council failed to empty his garden waste bin fully on one occasion. This is because the alleged injustice is not significant enough to warrant an investigation by the Ombudsman.
The complaint
- Mr X complained the Council failed to fully empty his garden waste bin during a collection.
- Mr X says the matter caused him frustration and time and trouble as he had to take his garden waste to a refuse centre himself.
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 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate this complaint. The Council did not fully empty Mr X’s garden waste bin on one occasion. The Council explained this was because the bin was compacted and would not empty. Mr X said this was not listed in the Council’s policy as a reason why a bin would not be collected. The Council accepted this and apologised.
- Although I acknowledge Mr X’s frustration, the injustice caused by the alleged fault is that Mr X had to take his garden waste to the refuse centre on one occasion. This is not a significant enough injustice to warrant an investigation by the Ombudsman, and so we will not investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because the alleged injustice is not significant enough to warrant an investigation by the Ombudsman.
Investigator's decision on behalf of the Ombudsman