The Ombudsman's final decision
Summary: We will not investigate this complaint about alleged damage caused by the Council to the complainant’s household waste bin. This is because we do not consider the alledged fault has caused a significant enough injustice to warrant our involvement. Further, it would be reasonable for the complainant to seek to resolve the dispute through the courts or by the Council’s insurers.
The complaint
The complainant (Mr D) complains the Council’s bin collection team damaged the lid of his blue bin. In summary, he says the cost of replace this is approximately £30 and he does not feel he should be responsible to bear this. As a desired outcome, Mr D wants the Council to cover the costs of the replacement bin.
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 fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Before accepting a complaint, we must be satisfied the alledged fault has caused the complainant a significant and personal injustice. This means the complainant must show a likelihood of fault by the Council causing them serious financial loss, harm or distress. While I recognise the basis of Mr D’s complaint, I do not consider the injustice claimed is significant enough to warrant our involvement.
In any event, we do not usually investigate complaints where the claimed injustice wholly or mainly relates to damage resulting in financial loss, because such a dispute can be remedied through the courts or by the organisation’s insurers. There is no evidence to suggest it would be unreasonable for Mr D to take such action and we have no jurisdiction to investigate in such circumstances.
Final decision
We will not investigate this complaint. This is because the restrictions I outline at paragraphs two and three (above) apply.
Investigator's decision on behalf of the Ombudsman