The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council failed to prevent her neighbour from blocking a pathway with their refuse bins. This is because any injustice caused to Mrs X is not significant enough to warrant our involvement.
The complaint
Mrs X complains that the Council has failed to ensure her neighbours place their bins in the correct location. Mrs X says their neighbours regularly block a pathway.
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. (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
Mrs X complained to the Council who wrote to the neighbours about the issue but have said it will take no further action.
I will not investigate Mrs X’s complaint. Whilst the issue may cause her a certain level of inconvenience, I do not consider that this amounts to a significant enough injustice to warrant our further involvement.
Final decision
We will not investigate Mrs X’s complaint because she has not suffered a significant enough injustice.
Investigator's decision on behalf of the Ombudsman