The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about how a local waste and recycling centre is operated. This is because Miss X was not caused a significant personal injustice.
The complaint
Miss X complained the Council failed to investigate her concerns about how a local waste and recycling centre is run and operated, including allowing unauthorised access to the site. Miss X also complained about the Council’s complaints handling.
Miss X said the matter caused her distress and frustration.
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, or (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We will not usually investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), section 34B(8))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Operation of the waste and recycling centre We will not investigate this complaint. 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.
Miss X’s complaints included but were not limited to: unauthorised visitors to the site; unmanned kiosk allowing unchecked entrants; and members of the public who do not live in the local area using the centre.
The issues Miss X raised have not caused her a significant personal injustice. Therefore, we will not investigate this complaint.
Complaint handling We will not investigate Miss X’s complaints about the Council’s complaint handling. Because we are not investigating the substantive matter, any claimed injustice about issues with the Council’s complaints handling is not significant enough to warrant an investigation by the Ombudsman.
Final decision
We will not investigate Miss X’s complaint because she was not caused a significant personal injustice.
Investigator's decision on behalf of the Ombudsman