Summary: The Ombudsman will not investigate this complaint that the refuse crew took an item from Ms X’s porch by mistake. This is because it is unlikely he could add to the Council’s response.

The complaint

1. The complainant, whom I refer to as Ms X, says the refuse collection crew took an item from her porch in error. She wants a like for like replacement or £200. Ms X also wants the Council to pay for all her time, since 6 April, at the rate of £500 an hour.

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The Ombudsman’s role and powers

2. 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 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)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered comments Ms X made in reply to a draft of this decision.

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What I found

What happened

4. Ms X complained to the Council that the refuse crew had taken an item from her porch by mistake. She asked for a replacement. She also said she wanted £1000 a day until the Council provided a replacement.
5. In response the Council checked with the crew who denied taking the item. The Council explained that the crews only take rubbish which is bagged and left on the street for collection. The Council said it does not have CCTV in the area so could not view the alleged incident. It explained there is some private CCTV but it did not know if it covered Ms X’s home. The Council said it could not ask to view the CCTV but Ms X could ask the owner. The Council said it would revisit the issue if Ms X provided evidence that the crew took the item. The Council said that in the absence of any evidence it would not pay compensation.
6. Ms X denies taking the item, either deliberately or in error. The Council has not suggested Ms X took the item.

Assessment

7. I will not start an investigation because it is unlikely I could add to the Council’s reply. Ms X has not provided any evidence that the crew took the item and the Council has no evidence. In addition, the crew deny taking the item which would have been contrary to normal practice because they do not collect waste from porches. The Council has acted appropriately by checking with the crew and establishing it has no CCTV in the area. There is nothing more I could ask the Council to do and no way of establishing what happened to the item. It is possible the item was taken by an unknown third party who has no connection with the Council. If Ms X gets evidence which shows the crew took the item then the Council will reconsider the case.

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Final decision

8. I will not start an investigation because it is unlikely I could add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman