Summary: We will not investigate Mrs X’s complaint about advice she was given on a refuse issue during a telephone call with the Council. This is because we could not add to the response already provided via the Council’s previous investigation of the matter.

The complaint

1. Mrs X complains a Council officer provided dangerous advice when she phoned to report her communal glass bin was contaminated with non-glass items. Mrs X says the officer told her to pick through the bin to remove the items. Mrs X also complains the Council was unable to find the record of the telephone call.

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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 an investigation if we decide 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained to the Council that she was given dangerous advice during a telephone call, as set out in paragraph one, above.
7. The Council investigated. It explained that calls to the department Mrs X spoke to are not recorded and so there is no call recording to refer to or locate. A note was made of the call but the call notes did not indicate it provided Mrs X with the advice she complained about. It also spoke to the relevant team and manager. None of the staff had any recollection of a call on that date where this advice was provided. The Council told Mrs X it could not make a finding on the issue raised as it found no evidence to indicate the officer gave her that advice.
8. We will not investigate Mrs X’s complaint. This is because a further investigation by this office is unlikely to be able to add to the investigation and response already provided via the Council’s previous investigation of the matter. The Council has already considered all the available evidence. It has explained why there is no recording of the call and there is nothing further we could add to this. Mrs X’s recollection of the call and the call handler’s notes differ. I have no cause to doubt either party’s recollection and as there is no call recording there is no further evidence to consider which has not already been considered by the Council via its own investigation. As such, there is nothing more an investigation by this office could achieve and so it would not be a good use of limited public resources for us to also start an investigation.

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Final decision

9. We will not investigate Mrs X’s complaint because it is unlikely we could add to the investigation and response already provided via the Council’s previous investigation of the matter.

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Investigator's decision on behalf of the Ombudsman