The Ombudsman's final decision
Summary: We will not investigate this complaint about a refuse operative swearing at the complainant. 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 already provided a satisfactory response to the complaint.
The complaint
The complainant, whom I refer to as Mrs X, says a refuse operative swore at her and was intimidating whilst she was waiting for a refuse lorry to move.
Mrs X says she felt very scared, and she continues to avoid interactions with refuse collectors. She says the Council’s subsequent complaint response lacked empathy and did not acknowledge the trauma caused by the incident.
The Ombudsman’s role and powers
We can investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken in response to a complaint. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Mrs X, and our Assessment Code.
My assessment
In response to the complaint, the Council said the refuse operative admitted to using offensive language, and would be disciplined accordingly. It apologised to Mrs X, and also confirmed all operatives receive refresher training on all policies, including conduct, throughout the year.
Whilst I acknowledge the impact Mrs X says the incident has had on her, I am satisfied the Council has already provided a reasonable response to the complaint. The Ombudsman will therefore not pursue the matter further.
Final decision
We will not investigate Mrs X’s complaint because the Council has already provided a satisfactory response to the complaint.
Investigator's decision on behalf of the Ombudsman