The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council delayed replacing a damaged refuse bin. This is because the bin has now been replaced so an investigation would not lead to a different outcome.
The complaint
Mr X complains that the Council delayed replacing a damaged refuse bin, meaning he had to place his waste in plastic bags which were then opened by animals causing a mess which he had to clean up.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X reported that his refuse bin had been damaged by collection crews in July 2024. The Council apologised to Mr X for the delay and said this was due to a backlog and bins were being delivered in order of when they were requested.
In January 2025 a collection crew told Mr X it was no longer possible to lift the bin onto the refuse vehicle, so the Council advised Mr X to place his refuse into plastic bags. The Council replaced the bin in February.
I will not investigate Mr X's complaint. The bin has now been replaced and the Council apologised for the delay. Whilst the issues raised have caused Mr X a certain level of inconvenience, I do not consider that this warrants further remedial action by the Council and therefore investigation by the Ombudsman would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because doing so would not lead to a further outcome.
Investigator's decision on behalf of the Ombudsman