The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about Council refuse collectors leaving waste on his property and not collecting a waste sack. This is because we have decided any injustice is not significant enough to justify our involvement.
The complaint
Mr B complains Council refuse collectors split a waste sack during collection and failed to clear the scattered waste, which meant he had to do it. And, the following week the refuse collectors did not take one of his refuse sacks.
Mr B also complains about the Council’s investigation into what happened and the way it handled his complaint.
Mr B says this has caused him an injustice because he had to deal with the waste left behind by the refuse collectors and he has spent a considerable amount of time pursuing his complaint.
The Ombudsman’s role and powers
People may complain to us about injustice caused by: ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or the actions of an organisation in connection with privately arranged adult social care.
(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).
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), or section 34B(8)).
We will not normally 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), or section 34B(8)).
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
I recognise Mr B has been caused some inconvenience as a result of the alleged fault by the refuse collectors. But, this is not significant enough to warrant us spending public money on an investigation into what happened. And, the Council has reminded staff to clear spilled waste from torn waste sacks and to make sure all waste sacks are collected. This was a suitable response.
Because we are not investigating the main issue complained about, an investigation solely into the Council’s handling of Mr B’s complaint is not justified.
Final decision
We will not investigate this complaint because any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman