Birmingham City Council (23 007 771)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 05 Mar 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s waste collection service. This is because there is no worthwhile outcome achievable by our investigation.

The complaint

  1. Mr X complains Council refuse collection staff damaged his bin and did not return his bin to his property. Mr X says if he loses his bin the Council will charge him for a replacement. He would like staff to return the bin to his property in future.

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The Ombudsman’s role and powers

  1. 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
  • there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council accepted staff left Mr X’s bin open and did not return his bin to his property. It apologised, reminded staff of actions needed and agreed to monitor for eight weeks. There is no worthwhile outcome achievable by further investigation and the injustice to Mr X is not significant enough to justify our involvement.

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Final decision

  1. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman

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