Summary: We will not investigate Mr B’s complaint about a refuse collector using foul language. This is because Mr B has not suffered a significant injustice which would justify an investigation.

The complaint

1. Mr B complains he heard a Council refuse collector shout a swear word presumably when speaking to a colleague. Mr B says the Council has not responded to his complaint about this which was made over 12 weeks ago. Mr B says staff conduct is a serious issue but his complaint has been ignored.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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.

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I understand Mr B found the refuse collector’s language offensive. But, the foul language was not aimed at Mr B and I find he has not suffered a serious or significant injustice which would justify an investigation by the Ombudsman.
7. Mr B also complains about the Council’s lack of response to his complaint about the refuse collector’s conduct. But, it is not a good use of public resources to investigate complaints about complaint procedures, if the substantive issue does not justify investigation.
8. So, we will not investigate the Council’s handling of Mr B’s complaint.

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Final decision

9. We will not investigate Mr B’s complaint because he has not suffered a significant injustice which would justify an investigation.

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Investigator's decision on behalf of the Ombudsman