The Ombudsman's final decision
Summary: We will not investigate this complaint about the conduct of the refuse collection crew. This is because the Council has provided a satisfactory response.
The complaint
The complainant, Mr X, complains a member of the refuse collection crew urinated on his shed, screen wash and a container of oil. Mr X wants the Council to replace the oil.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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 or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Mr and the Council. This includes the complaint correspondence, an update from the Council, and confidential information that I cannot share. I also considered our Assessment Code.
My assessment
Mr X complained to the Council that a member of the collection crew urinated against his shed and over some screen wash and oil. Mr X says the crew member then joked about it with the driver. Mr X says the incident was disgusting and his child plays in that area.
In response the Council said it could not deal with the incident as a complaint but it would be treated as a disciplinary issue. It said it would ask the service to reply and an officer subsequently visited Mr X and apologised for the incident.
The Council told me the action it has taken regarding the crew members but, due to data protection, I cannot share that information with Mr X.
The Council will buy some new screen wash and oil and arrange delivery. The Council will contact Mr X about the arrangements.
I will not start an investigation because the Council has provided an appropriate response. It has apologised and will replace the items. It has also dealt with the matter as a personnel issue with the people involved.
Final decision
We will not investigate this complaint because the Council has provided a satisfactory response.
Investigator's decision on behalf of the Ombudsman