Summary: We will not investigate Ms X’s complaint about the Council’s decision not to refund her garden waste subscription payment. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Ms X, complains the Council refused her request for a refund of her garden waste subscription payment after she had to unexpectedly leave her home following a major injury. Ms X says the Council has shown no empathy towards her situation and it could have made an exception as she is paying for a service she cannot use.

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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 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)
3. We do not start 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))
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Council’s Garden Waste Collection Terms and Conditions 2024-2025 which are published on its website.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complains about the Council’s decision to refuse her request for a refund of her garden waste subscription payment.
9. The Council told Ms X that, in line with its terms and conditions, Ms X was not entitled to a refund as her request was not made within the 21 day cancellation period.
10. The Council’s terms and Conditions for the garden waste service are published on its website. In relation to cancelling the subscription it states that residents have the right to cancel their subscription within 21 days of initial subscription. The right to cancel expires 21 days after you subscribe. No refund will be given if a resident decides to stop using the Service in whole or in part for any reason outside of the 21 day cancellation period.
11. We will not investigate Ms X’s complaint. This is because there is no sign of fault by the Council here. It has acted in line with the published terms and conditions for the garden waste service in deciding not to offer a refund. We are not an appeal body. This means we do not take a second look at a decision to decide it if is wrong. Instead, we look at whether there was fault in how it made its decision. We cannot question the merits of the Council’s decision where, as here, there is no sign of fault in the way in which it was reached.

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Final decision

12. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman