Summary: We will not investigate this complaint about missed bin collections. This is because we could not add to the Council’s investigation or achieve a different outcome.

The complaint

1. Mr X complains the Council missed bin collections on multiple occasions from October 2023 to November 2024. He also complains about its communication.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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:

• we could not add to any previous investigation by the organisation, 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

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to us in November 2024. Evidence shows Mr X first complained to the Council about missed bin collections in October 2023. He said his refuse and recycling bins had not been collected for 6 weeks. The Council responded to Mr X in October 2023 and said it had collected the bins, cleared the mess and arranged monitoring for 4 weeks.
8. I will not investigate any complaint about the Council’s actions and its response of October 2023 or earlier, because it is late with no good reason to exercise discretion. Mr X should have complained to us within 12 months if he was dissatisfied with the Council’s actions and response at the time.
9. In November 2024, Mr X complained the Council had missed 15 collections since October 2023 including two consecutive weeks in November 2024. This complaint is in time.
10. Evidence shows the Council took prompt action in response to Mr X’s complaint. It apologised to Mr X for missing collections and outlined steps it would take to prevent recurrence and ensure accountability. This included closer oversight of Mr X’s address, regular supervisor inspections, photographic evidence to verify completion and speaking to staff to ensure timely collections. It reassured Mr X it would continue to monitor its service until it was fully reliable.
11. I appreciate Mr X remains unhappy, but an investigation would not add anything further or achieve a different outcome. The Council took prompt action when Mr X complained again in November 2024. It apologised and issued a detailed response with clear proposed actions. I am satisfied the Council’s actions remedies the injustice caused by any fault. Therefore, I will not investigate Mr X’s complaint.
12. It would not be a good use of public money to investigate the Council’s communication in isolation.

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Final decision

13. We will not investigate Mr X’s complaint because further investigation would not add anything more or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman