Summary: We will not investigate this complaint about the Council’s response to an incident Miss B reported which took place with a waste collection crew. This is because an Ombudsman investigation is unlikely to add to the one already carried out by the Council or lead to a different outcome.

The complaint

1. Miss B complained about the Council’s response to an incident she reported which took place with a waste collection crew. She says the crew displayed threatening behaviour when they collected her bin which has affected her mental health. Miss B says the Council have not investigated the incident properly and CCTV was deleted.

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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:

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

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

3. We cannot investigate a complaint if it is about a personnel issue, or therefore make recommendations of a personnel nature. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

4. I considered information provided by the Miss B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council says:
• it has interviewed all members of the crew and their recollection of events differed to Miss B’s;
• there is no CCTV footage to support either account of the event because the cameras on the bin lorry were not working;
• it has spoken to the crew to remind them of their responsibilities; and
• collections have taken place since with no issue.
7. It is unlikely we could establish if the Council deleted CCTV footage or whether the cameras were simply not working. It would be disproportionate to begin investigating the point.
8. There are clearly different versions about what happened. It is unlikely we could add anything to the Council's response or achieve a different outcome. If Miss B has new evidence about the incident which the Council has not seen, she can send it for the Council’s attention.
9. We could not achieve the result Miss B wants even if we investigated. We have no power to recommend a council takes disciplinary action of any kind against its staff.

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Final decision

10. We will not investigate Miss B’s complaint. This is because an Ombudsman investigation could not add to the one already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman