Summary: We will not investigate Mr X’s complaint about the Council’s delay in providing a black bin. The Council has agreed to remedy the injustice caused to Mr X. It would not be proportionate for us to investigate further.

The complaint

1. Mr X complained the Council failed to provide a black bin despite his repeated requests. Mr X said he incurred considerable costs as he had to dispose of his own rubbish.

He said he wants the Council to:

• provide him a black bin;
• reimburse him the costs of disposing of his own rubbish; and
• stop ignoring his messages.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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. Mr X complained the Council failed to provide a black bin despite his repeated requests. As a result, he said the Council did not collect his household waste, which he had to dispose of himself.
6. If we investigated this complaint, it is likely we would find the Council at fault because the Council failed to provide a black bin for several months. This has caused Mr X avoidable frustration and inconvenience as he had to dispose of his household waste.
7. We therefore asked to the Council to consider remedying the injustice caused by its actions by making a symbolic payment of £100.00 to Mr X to resolve the complaint early. This is in line with our Guidance on Remedies.

To its credit the Council agreed.

8. Because the Council has agreed to resolve the complaint early by providing a symbolic payment for the injustice caused to Mr X, it would not be proportionate for us to investigate this complaint further.

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Final decision

9. We have upheld this complaint as the Council caused an avoidable frustration to Mr X. However, as the Council agreed to resolve the complaint early by providing a remedy for the injustice caused to Mr X, it would not be proportionate for us to investigate this complaint further.

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Investigator's decision on behalf of the Ombudsman