The Ombudsman's final decision
Summary: We will not investigate this complaint about waste collection services. This is because there is a body better placed to deal with the complaint. Also, it is not a good use of public resources for us to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.
The complaint
Mr Y complains the Council has repeatedly failed to replace his bins correctly during refuse waste collections, leading to the damage and loss of the bins, which he has later replaced. He also complains about the Council’s lack of response to his complaint.
Mr Y says he has replaced the bins at his own cost and he has been frustrated at the lack of response from the Council.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
I considered the information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y first complained to the Council about his bin lid being missing after a refuse collection in February 2021. While the Council acknowledged the report of a missing bin lid, Mr Y had to chase the complaint three further times before it acknowledged his complaint. He chased the Council for a response to his complaint twice before contacting us in September.
We asked the Council to respond to Mr Y’s complaint in September. The Council asked Mr Y for information about his claim for the cost of the new bin, which Mr Y provided. Mr Y then asked the Council for an update in November, including for its complaint response. As he had not received a response to his complaint, Mr Y approached us again in January 2022.
The Council responded to Mr Y’s complaint in February. It said it had raised a claim with the waste collection company who collected the refuse on its behalf. It said it had asked the waste collection company to contact Mr Y directly about the claim for compensation. It also apologised for its failure to respond adequately to the complaint and said it was carrying out a review of its processes to prevent the problem from recurring.
Analysis The waste collection company who act on the Council’s behalf and its insurer are considering Mr Y’s claim. As it is a claim for compensation or damages because of this company’s alleged negligence.
If the company disputes liability for the costs of the repairs Mr Y may consider continuing the claim through the courts. The courts can decide who is liable for the costs and if necessary, award damages.
We cannot decide liability or award damages. Consequently, any claims for costs for replacement bins are matters better dealt with by the courts. It is therefore reasonable for Mr Y to continue his claim through the insurers or the courts. We will not investigate this complaint.
Mr Y has also complained about the Council’s lack of response to his complaint. However, as we are not dealing with the substantive issue in Mr Y’s complaint, it is not a good use of public resources to investigate the council’s complaint handling. Consequently, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because there is a body better placed to consider this complaint. Also it is not a good use of public resources for us to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.
Investigator's decision on behalf of the Ombudsman