Summary: We will not investigate Mr X’s complaint about the actions of refuse collectors. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mr X, complains refuse collectors harass him and make verbally abusive comments about him whilst collecting his refuse bins.

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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 do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council. This included the video doorbell footage the complainant provided to the Council in support of his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that refuse collectors were making verbally abusive comments about him and were harassing him whilst collecting his refuse. Mr X provided the Council with numerous video doorbell clips which he said showed the refuse collectors being verbally abusive about him.
7. The Council investigated and viewed the footage Mr X provided. It said it found no evidence in the footage Mr X provided to support his view that refuse collectors were being verbally abusive towards him. It did not uphold his complaint.
8. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It considered Mr X’s complaint and the evidence provided but found no evidence to support his view that the refuse collectors were being verbally abusive to him. In assessing Mr X’s complaint I requested and viewed the footage Mr X had provided to the Council. I found no evidence to support Mr X’s view that it shows the refuse collectors being verbally abusive towards him. As such, a further investigation by this office would not be able to add to the response the Council has already provided Mr X with via its own previous investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman