Summary: We will not investigate Miss X’s complaint about the Council’s delay in providing her with a garden waste bin. This is because the Council has now provided a bin and taken suitable action to resolve the matter.

The complaint

1. The complainant, whom I shall call Miss X, complains the Council failed to provide her with a garden waste bin when she signed up to its garden waste collection service.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• we are satisfied with the actions a council has taken or proposes to take.

(Local Government Act 1974, section 24A(6) & (7))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X registered for the Council’s garden waste collection service. She complained to the Council in May when it failed to provide her with a garden waste bin. The Council said it would deliver a bin within 24 hours and reimburse her the cost of the missed collections.
7. Mrs X complained to us in early June as she still had not received a bin.
8. In response to our initial enquiries to the Council it confirmed it had delivered Miss X’s bin that day and Miss X had confirmed receipt. It did deliver a bin in May however it left it to the rear of her property and it went missing before Miss X saw it. The Council also offered Miss X a further refund to take account of the missed collections and apologised.
9. I am satisfied the Council has taken suitable action to remedy the matter and there is nothing further we would add. There is no significant remaining injustice which would warrant an investigation by this office.

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Final decision

10. We will not investigate Miss X’s complaint because the Council has already taken suitable action to remedy the matter and there is nothing further we would add.

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Investigator's decision on behalf of the Ombudsman