The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refuse team not returning his bins to his property and blocking his driveway. This is because any personal injustice is not significant enough to warrant an investigation.
The complaint
Mr X complained the Council’s refuse team does not properly return his bins after collection and blocks his driveway with his neighbour’s bins. The matter caused him frustration. He wants the Council to ensure it does not happen again by monitoring the bin collections.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has an assisted bin collection however despite this, he said the refuse team has often not returned his bins to his property. He also said the refuse team places his neighbour’s bins in front of his driveway.
The Council responded to Mr X’s complaint. It accepted fault and provided him with an apology. It also said it had addressed the matter with the refuse team to prevent it from happening again.
We usually investigate complaints where the complainant has experienced serious harm or distress as a direct result of the Council’s actions. We recognise the injustice caused to Mr X however, we do not consider it to be significant enough to warrant an investigation. We will therefore not investigate his complaint.
Final decision
We will not investigate Mr X’s complaint because any personal injustice is not significant enough to warrant an investigation.
Investigator's decision on behalf of the Ombudsman