The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s delay in replacing her damaged recycling bin. This is because the matter has not caused Miss X a significant personal injustice serious enough to justify an investigation.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s delay in providing her with a new recycling bin.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council. I discussed the complaint with the complainant on the telephone.
I considered the Ombudsman’s Assessment Code.
My assessment
In June 2021, Miss X requested a new recycling bin as hers was cracked at the bottom and water got in it when it rained.
The Council told Miss X it would issue a new bin in around 4-6 weeks.
In October 2021, Miss X complained to the Council because she had not yet received a new bin. The Council delivered a new bin the following day. In its complaint response, the Council apologised for the delay and explained there had been an increase in waiting times due to staffing issues.
There was a small delay in the Council issuing the stage two response to Miss X’s complaint and it apologised to Miss X for this.
Final decision
We will not investigate Miss X’s complaint. This is because the matter complained about has not caused Miss X a significant personal injustice serious enough to warrant an investigation by this office and the use of limited public funds to do so.
Investigator's decision on behalf of the Ombudsman