The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council damaged his bin during a collection. The claimed injustice is not significant enough to warrant an investigation by the Ombudsman.
The complaint
Mr X complained the Council damaged his bin during a collection.
Mr X said the matter caused him frustration.
Mr X wants the Council to replace the bin free of charge.
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
We will not investigate this complaint. In its complaint response the Council explained it found no evidence it damaged the bin during a collection. It said Mr X would need to pay £44 to replace his bin.
Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
The cost of a replacement bin is £44. Mr X’s claimed injustice is not significant enough to warrant an investigation by the Ombudsman. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because the claimed injustice is not significant enough to warrant an investigation.
Investigator's decision on behalf of the Ombudsman