Summary: We will not investigate this complaint about garden waste collections because there is insufficient evidence of fault causing injustice.

The complaint

1. The complainant, Ms X, says the Council did not collect her garden waste and will not issue a refund. Ms X has stopped using the service and wants a refund.

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The Ombudsman’s role and powers

2. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and updates from Ms X and the Council. I also considered our Assessment Code.

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My assessment

4. Ms X joined the garden waste service in June and paid £80. The rules say the charge is the same regardless of when someone joins the scheme.
5. Ms X says the Council did not complete the collections due on 2 and 16 July and she has only had one collection since joining. Ms X says she provided evidence she put the bin out for collection. In July Ms X asked for a refund under the cooling off period due to the missed collections.
6. In response to the complaint the Council said Ms X did not present her bins for collection. It said it collected the waste on 30 July. It explained Ms X had missed the 14 day window to ask for a refund under the cooling off period.
7. The Council implemented a four week period of monitoring. Ms X has stopped using the service, and did not use it during the monitoring, because she has no confidence the Council will collect the waste and wants to avoid additional stress.
8. I will not investigate the complaint because there is insufficient evidence of fault causing injustice. I cannot resolve the dispute about whether Ms X presented the bin although I am aware Ms X sent the Council evidence. However, regardless of whether there were missed collections, the Council put measures in place to try to resolve any problems through monitoring. Ms X has explained why she has stopped using the service but, while she was fully entitled to make that choice, it means the Council has not had the chance to provide the service following completion of the complaints process.
9. Ms X asked for a refund. The Council correctly explained she had missed the deadline to receive a refund under the cooling off period and it does not offer refunds for what would have been two missed collections at the time of request; and, as stated, its position, while disputed, is that there were no missed collections.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman