Summary: We will not investigate this complaint about alleged damage to Mr X’s bin by a carer. It is reasonable for Mr X to instead raise the issue with the Council’s insurers, and then refer it to the small claims court if the Council does not agree to compensate him.

The complaint

1. Mr X complained a carer from an agency, working on behalf of the Council, broke the lid of his sensor non-touch bin and made it inoperable. This has put Mr X at a financial detriment of £71. The care provider has been abusive and condescending and has refused to admit liability, causing Mr X distress. He wants to be refunded for the replacement bin.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X receives care from a provider, commissioned by the Council. The Council is therefore the Body in Jurisdiction for the purposes of any investigation we would complete, and we would hold it responsible for actions of the care provider.
8. Mr X says a carer damaged the lid of his sensor non-touch bin and made it inoperable. He has provided evidence to us of having bought a replacement bin for £59.99, but the care provider did not admit liability and refused to refund the cost to Mr X.
9. It is reasonable for Mr X to raise his complaint with the Council, as a request for compensation via its insurers. If the Council refuses this request, it is reasonable for Mr X to make a claim via the small claims court. The fee for this would be £35 under normal circumstances, however if Mr X has a low income or claims certain benefits he may be entitled to this fee being waived. There is not a good reason for us to investigate this complaint instead of Mr X using his alternative remedy.

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Final decision

10. We will not investigate Mr X’s complaint because it is best raised as a claim for compensation via the Council, and a claim in the small claims court if necessary.

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Investigator's decision on behalf of the Ombudsman