Summary: We will not investigate Ms X’s complaint about the Council’s delay in providing her with a refund for a missed bulky waste collection. This is because the Council is now taking suitable action to resolve the matter and there is nothing further we would add or recommend.

The complaint

1. The complainant, Ms X, complains the Council failed to provide a refund for a missed bulky waste collection, which she paid £35 for, despite agreeing to do so. She also complained about the Council’s delay in responding to the matter via its complaints procedure.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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

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

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My assessment

6. The Council recently provided its final response to Ms X’s complaint. This postdates Ms X’s complaint to this office.
7. The Council upheld Ms X’s complaint and apologised for its delay and the inconvenience this caused her. It explained the reason for its delay in issuing the refund. It has now taken steps to arrange payment of the refund and it has also awarded Ms X a £50 compensation payment to acknowledge its fault.
8. We will not investigate Ms X’s complaint. This is because the Council is taking suitable action which remedies the injustice caused to Ms X by the issue raised. There is nothing further we would add or recommend were we to also investigate.

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Final decision

9. We will not investigate Ms X’s complaint because the Council is already taking suitable action to resolve the matter and this provides a suitable remedy.

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Investigator's decision on behalf of the Ombudsman