The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to replace a bin at Mr X’s request. This is because an investigation would be unlikely to result in a different outcome.
The complaint
Mr X complained that the Council failed to replace a commercial bin it placed in a residential waste bin storage area, which caused damage to the area.
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 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 continue an investigation if we decide: further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council in September 2023 that a large commercial bin had been place in a residential bin storage area and it had caused damage. He asked the Council to replace it and provide compensation for the damage done to the area.
The Council said it did not place the commercial bin in the storage area but confirmed it would replace the bin in January 2024. However, the Council did not actually replace the bin until March 2024. The Council said this was because it did not have any residential bins in storage, and it delayed replacing the bin once it came back in stock.
Mr X remains unhappy with the Council’s response to the complaint and wants the Ombudsman to find the Council at fault. The Council has conceded fault for the delay in replacing the bin but has confirmed that the correct sized residential bin has now been placed in the waste storage area. As the bin has now been replaced and there is no evidence to show the Council placed the commercial bin in the storage area, an investigation would be unlikely to result in a different outcome.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to result in a different outcome.
Investigator's decision on behalf of the Ombudsman