Summary: We will not investigate this complaint about the refuse crew throwing rubbish into the complainant’s garden. This is because there is insufficient evidence of injustice.

The complaint

1. The complainant, Mr X, complains a member of the refuse crew threw two yoghurt pots into his garden. Mr X also complains about the Council’s handling of his complaint.

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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 an investigation if we decide any injustice is not significant enough to justify our involvement. (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 Mr X and the Council. I also considered our Assessment Code.

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My assessment

4. Mr X complained to the Council that a member of the refuse threw two yoghurt pots into his garden. Mr X gave the Council CCTV of the incident. Mr X says the Council acknowledged his report but did not provide a response.
5. The Council says it apologised to Mr X and explained the conduct of the crew member would be considered by a manager. The Council says it did not say the outcome of this consideration would be shared with Mr X.
6. I appreciate the incident with the rubbish may have been annoying and not what a resident would expect. I also acknowledge Mr X says the Council has not responded properly to his complaint. However, the impact of both issues does not represent a degree of injustice which requires an investigation. This applies even if Mr X were to dispute the Council provided either an apology or an update. It is not a good use of public resources to investigate complaints about complaint procedures, if we have decided not to deal with the substantive issue due to a lack of injustice.

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Final decision

7. We will not investigate this complaint because there is insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman