Summary: We will not investigate Mr X’s complaint about the Council’s bin crew leaving his used food waste caddy on its side after some collections. There is insufficient personal injustice to Mr X to warrant us investigating. We could not add to the Council’s investigation and there is no different outcome an investigation would achieve.

The complaint

1. Mr X complains the Council’s bin staff place his used food waste caddy on its side after emptying it, allowing liquid food waste to go on to the recycling bags and box. He says he has to clean the box and bags, taking time and increasing his water use. Mr X wants the Council’s bin staff to put the food caddy back upright.

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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 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 continue 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
• further investigation would not lead to a different outcome, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information from Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. We recognise this matter would be annoying and frustrating to Mr X and cause him inconvenience when bringing his bins back in, even if it happens occasionally. However, the matter does not cause sufficient significant personal injustice to him to warrant us using our resources to investigate.
5. Furthermore, we note the Council has apologised to Mr X. Officers have also spoken to the recycling crews and explained how they should present his recycling containers after collection. They have issued a written note for the crews as a further reminder on how all residents’ emptied bins should be returned. Officers have also requested crews to check this regularly to monitor this part of the service. An apology, the reminders to staff and the monitoring of the service are the outcomes we may have sought had we investigated here. That we could not add to the outcomes provided after the Council’s own investigation, nor achieve a different outcome, are further reasons why we will not investigate.

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Final decision

6. We will not investigate Mr X’s complaint because:
• there is insufficient personal injustice to Mr X to warrant us investigating; and
• we could not add to the Council’s investigation; and
• there is no different outcome an investigation would achieve.

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Investigator's decision on behalf of the Ombudsman