Summary: We will not investigate Ms X’s complaint about household waste and recycling bins being left in a disabled parking bay. This is because the case does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The injustice to Ms X is not significant enough to warrant an investigation. Also, our involvement would be unlikely to add anything to the Council’s response or lead to a different outcome.

The complaint

1. Ms X complained that household waste and recycling bins are often left in a disabled parking bay close to her home by the Council’s waste collection staff. Ms X says this prevents access to her property and the disabled bay. Ms X or her husband are forced to move the bins. Ms X says this is a risk to her health and is causing stress.

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

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My assessment

5. In response to Ms X’s complaint the Council has investigated. It has considered the CCTV footage available, monitored the collections, and offered an assisted collection. This is where staff collect and return bins from the property.
6. While I understand Ms X’s frustrations, we will not start an investigation into her complaint. We are funded by the public purse and have an obligation to use our limited resources in an effective, efficient, and economic manner. We only investigate the most serious cases. While bins being left in the disabled bay will be frustrating, the injustice is not significant enough to warrant our involvement.
7. Also, we will not normally investigate where an investigation is unlikely to add anything to the one already undertaken by the Council or lead to a significantly different outcome. That applies here as our intervention would not achieve anything more for Ms X. An investigation could not establish who is responsible for leaving the bins in the disabled bay. The Council has taken the steps we would expect by monitoring the collection. The Council’s offer of an assisted collection is above what is required. An investigation would not achieve anything more and so is not justified.

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Final decision

8. We will not investigate Ms X’s complaint because the injustice is not significant enough and our involvement would not achieve anything more.

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Investigator's decision on behalf of the Ombudsman