The Ombudsman's final decision
Summary: We will not investigate X’s complaint about a delay in delivering green waste bags because the Council apologised and an investigation is unlikely to achieve anything more. We will not investigate X’s complaint that the Council did not refund their £42 because the claimed injustice is not significant enough.
The complaint
X complained the Council failed to: deliver green waste bags they paid £42 for within its specified timescales; issue a refund of £42 when requested; and consider their complaint in line with its published policy.
X said the matter caused them frustration and time and trouble to resolve.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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
Delivery of green waste bags We will not investigate this complaint. The Council apologised for the delay in sending the bags. An investigation by the Ombudsman is unlikely to achieve anything else.
Failure to issue a refund of £42 when requested 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.
X’s claimed loss of £42 is not a significant enough injustice to warrant our involvement.
Consider their complaint in line with its published policy We will not investigate this complaint. The claimed injustice caused by the complaints handling is not significant enough to warrant our involvement.
Final decision
We will not investigate X’s complaint because the tests in our Assessment Code are not met.
Investigator's decision on behalf of the Ombudsman