Summary: We will not investigate this complaint about discourtesy by the Council’s waste collection service. There is insufficient evidence of any significant injustice which would warrant an investigation.

The complaint

1. Mrs X complained about the Council waste collection service. She says she is being victimised by a member of the crew who identified her food waste container as being dirty when she says it was not. She also say the crew throw the empty containers into her garden and could damage her car. She wanted the crew member to be changed but the council has failed to do so.

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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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, 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 the complainant and the Council’s responses.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says she is being distressed by the attitude of a member of the waste collection crew which works in her area. She says she was singled out by him for not cleaning a food waste container and subsequently received a communication from the Council. She believed this was unreasonable and she complained also about the attitude of the refuse crew and how empty containers were thrown back onto her property.
6. Mrs X says she was told by the Council that a different crew member would deal with the collection but that the man she identified is still part of the crew.
7. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
8. In this case Mrs X was complaining about comments made by Council workers pointing out to her the issues which occur as part of their service and how the waste containers should be presented. The authority’s actions have not caused an injustice of the type and extent which would warrant the public expense of our continued involvement.

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Final decision

9. We will not investigate this complaint about discourtesy by the Council’s waste collection service. There is insufficient evidence of any significant injustice which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman