Summary: We will not investigate Mr X’s complaint about early bin collections. His injustice is not significant enough and an investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council is collecting his recycling bins too early in the morning, disrupting his sleep.
2. As a result of being repeatedly awakened at such an early hour, Mr X says he and his partner have experienced avoidable distress, which has negatively impacted their mental health. He wants the Council to adjust the collection time to a more reasonable hour, consistent with practices in other areas of his hometown.

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The Ombudsman’s role and powers

3. 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, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint, as the impact on him of one early morning collection once a fortnight is not a significant enough personal injustice to justify an investigation.

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Final decision

7. We will not investigate Mr X’s complaint because the injustice is not significant enough and an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman