London Borough of Bromley (20 004 282)
Category : Environment and regulation > Refuse and recycling
Decision : Upheld
Decision date : 23 Oct 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about damage to his car by a refuse collector. This is because the Council has agreed to pay for the damage and so an investigation could not achieve anything more.
The complaint
- Mr X complains a refuse collector damaged his car. Mr X wants the Council to pay for the damage.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
- it is unlikely we could add to any previous investigation by the Council, or
- it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before issuing a final decision on his complaint.
What I found
- Mr X says a refuse collector working for the Council damaged his car. Mr X says he waited four months for a response. The Council has now agreed to pay for the damage. Mr X is happy with the outcome and so an investigation by the Ombudsman could not achieve anything more.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because the Council had agreed to remedy the injustice to Mr X and so an investigation by the Ombudsman could not achieve anything more.
Investigator's decision on behalf of the Ombudsman