Summary: We will not investigate this complaint about delays in the Council replacing Mr X’s garden waste dustbin. Mr X’s injustice is not significant enough to warrant our involvement.

The complaint

1. Mr X complained the Council delayed replacing his garden waste dustbin.
2. Mr X also complained about the Council’s handling of his complaint.
3. Mr X said this led to garden waste building up on his property due to a missed collection, stress and a financial loss because he pays for the service.

Back to top

The Ombudsman’s role and powers

4. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X complained the Council delayed replacing his garden waste dustbin after his fell into the dustbin collection lorry.
8. Mr X said because of this, he missed a collection which led to waste building up on his property.
9. We will not normally investigate a complaint unless there is good reason to believe that the complainant has suffered significant personal injustice as a direct result of the actions or inactions of the Council. To satisfy this threshold we would need to be satisfied a person has suffered serious loss, or harm, or distress directly because of the Council’s actions.
10. The available information suggests the Council’s policy allows for one missed collection during the time it takes to replace a dustbin.
11. I do not consider Mr X has suffered a significant enough injustice caused by the Council’s service here and therefore we will not investigate this complaint.
12. Additionally, as we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because his injustice is not significant enough to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman