The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to the complainant’s property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council has agreed to arrange a repair and so there is nothing more we could achieve.
The complaint
The complainant, Mrs X, complained a council refuse truck damaged her property. The driver accepted they had caused the damage, but the Council has not arranged a repair – despite having said it would.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs X’s complaint because the Council has now agreed to arrange for Mrs X’s fence to be repaired. There is nothing more an investigation by the Ombudsman could achieve.
Investigator's decision on behalf of the Ombudsman