The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council allegedly causing damage to the complainant’s property. Any injustice is not significant enough to warrant an investigation.
The complaint
Mr A says the Council forcefully pulled away his bin when collecting waste and as a result broke the locking bracket that was attached to the wall.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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 I considered the Ombudsman’s Assessment Code.
My assessment
Mr A says it would cost £36.90 to replace the lock.
While I appreciate Mr A would like this money back, the amount involved is not significant enough to warrant our involvement.
It is also the case the matter is one of legal liability for damage, which is not something we could decide.
Investigator's decision on behalf of the Ombudsman