Summary: We will not investigate Mrs X’s complaint about Council delay in delivering her replacement bin. The matter is now resolved and there is no different outcome we would achieve for Mrs X which would warrant us investigating.

The complaint

1. Mrs X paid for a smaller replacement bin in summer 2021. She complained the Council had failed to provide the bin. She had to use a large bin instead, which she found difficult. She wanted the Council to give her the smaller replacement bin she ordered.

Back to top

The Ombudsman’s role and powers

2. The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

3. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council, and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council delayed in providing Mrs X with her replacement bin for several months. But the Council reports it has now delivered the bin to Mrs X.

Back to top

Final decision

6. We will not investigate Mrs X’s complaint because the Council has provided the outcome Mrs X sought from the complaint, and there is no different outcome our involvement would now achieve for her.

Back to top

Investigator's decision on behalf of the Ombudsman