The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council delayed in providing a replacement bin. The Council has apologised and replaced the bin. Further investigation by us would not lead to a different outcome.
The complaint
Mr X complained the Council delayed in providing him a replacement bin for several months. He said he spent considerable time contacting the Council about the replacement bin and had to make additional trips to dispose of his waste. Mr X does not feel the Council’s apology has remedied the injustice caused.
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, or further investigation would not lead to a different outcome.
(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 Mr X’s complaint because the Council has delivered Mr X’s replacement bin and apologised. That remedies any injustice caused. Further investigation by us would not lead to a different outcome.
In addition, we will 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. Any injustice caused by the Council’s delay in providing the bin is not significant enough to justify our involvement.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman