The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s bin staff not returning her wheeled bins to the correct location. There is insufficient injustice caused by the matters complained about to warrant an investigation and it would not lead to a different outcome.
The complaint
The complainant, whom I shall refer to as Ms X, complained the Council’s bin staff regularly fail to return her wheeled bins to the correct location. Ms X says the problem also affects her neighbours and leads to access issues.
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: any injustice is not significant enough to justify our involvement, or 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We recognise the Council’s staff not returning bins to the correct location will cause frustration and inconvenience. But we will not start an investigation into Ms X’s complaint. This is because Ms X has not been caused a personal injustice significant enough to warrant us investigating. Also, in response to Ms X’s complaint, the Council has reminded its contractor to return the bins. This is the outcome we would have sought if we investigated. Further consideration is not warranted as it would not lead to a different outcome.
Final decision
We will not investigate Ms X’s complaint because the injustice is not significant enough and an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman