Summary: We will not investigate this complaint about the Council’s decision to charge for a replacement bin. This is because there is insufficient evidence of fault causing the complainants a significant enough injustice.

The complaint

1. Mr X and Mr Z are directors of a management company for a development where they both live. They complain about the Council’s decision to charge residents in the development for a replacement communal bin. They also complain that the Council changed from plastic bins to a metal bin several years ago and about how their complaints have been dealt with.

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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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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. I will not investigate Mr X & Mr Z’s complaint that the Council changed the bins several years ago without proper consultation. This is because this element of their complaint is made late, and I see no good reason why it could not have been made sooner.
7. I will not investigate their complaint that the Council are charging for the bin to be replaced. This is because this is in line with the Council’s policy and there is therefore no evidence of fault. Furthermore, the cost of replacing the bin will be split between all the residents in the developments. This means the costs to individual residents will be relatively low. So, for that reason. individual residents will not be suffering an injustice significant enough to warrant our investigation.
8. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

9. We will not investigate Mr X and Mr Z’’s complaint because there is insufficient evidence of fault causing the complainants a significant enough injustice.

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Investigator's decision on behalf of the Ombudsman