Basildon Borough Council (23 017 129)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 07 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a delay in the Council delivering a new recycling bag. This is because the problem has been resolved and there is insufficient evidence of injustice.
The complaint
- The complainant, whom I refer to as Ms X, complains the Council has not delivered a new recycling bag.
The Ombudsman’s role and powers
- 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 an investigation if we decide:
- we are satisfied with the actions an organisation has taken, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6) & 24A(7), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Ms X and the Council. This includes the complaint correspondence and an update from Ms X. I also considered our Assessment Code.
My assessment
- In mid-December Ms X asked the Council for a replacement recycling bag. The Council immediately acknowledged her request. Ms X later complained because she had not received the new bag. The Council closed her complaint and invited her to apply for a new bag.
- In mid-January the Council apologised for wrongly closing her complaint and said it would deliver the new bag in the next few days. Ms X received the new bag in mid-February.
- The Council took too long to provide a replacement bag. But, I will not start an investigation because the problem has been resolved. I appreciate Ms X may have found the delay frustrating but the impact does not represent a degree of injustice that requires an investigation.
Final decision
- We will not investigate this complaint because the problem has been resolved and there is insufficient evidence of injustice.
Investigator's decision on behalf of the Ombudsman