Middlesbrough Borough Council (20 009 762)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 11 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a replacement bin because the Council has offered a remedy and there is not enough remaining injustice to require an investigation.
The complaint
- The complainant, whom I refer to as Ms X, complains that she paid £15 for a new bin which the Council has failed to deliver.
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 an investigation if we believe:
- the Council has provided a remedy, or
- the injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I read the complaint and got some information from the Council. I invited Ms X to comment on a draft of this decision.
What I found
What happened
- Ms X’s bin was stolen. She ordered a replacement from the Council and paid £15. The bin did not arrive despite Ms X chasing the Council several times. In the meantime a neighbour lent Ms X a spare bin which Ms X is now going to use permanently.
- After further chasing the Council told Ms X the bin had been delivered on 19 November. After Ms X complained that the bin had not been delivered, the Council apologised and said it would be delivered on 18 December.
- In response to my enquiries the Council said its records showed the bin was delivered on 19 November although the crew cannot confirm the delivery. The Council did not deliver a bin on 18 December. The Council will send Ms X a £15 refund.
Assessment
- The Council did not handle this well; it should not be this difficult to get a replacement bin. The Council processed Ms X’s payment and should have ensured the bin was delivered promptly. However, I will not start an investigation because Ms X is now using the spare bin from her neighbour and the Council will refund the £15. Once these factors are taken into account there is not enough outstanding injustice to require an investigation.
Final decision
- I will not start an investigation because the Council has offered a remedy and there is not enough remaining injustice to require an investigation.
Investigator's decision on behalf of the Ombudsman