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

  1. 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.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I read the complaint and got some information from the Council. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

  1. 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.
  2. 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.
  3. 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

  1. 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.

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Final decision

  1. I will not start an investigation because the Council has offered a remedy and there is not enough remaining injustice to require an investigation.

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Investigator's decision on behalf of the Ombudsman

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