Summary: We will not investigate this complaint about damage and contamination which occurred when the complainant’s recycling bin was being emptied, and the Council’s handling of the subsequent complaint process. Any remaining injustice caused by the Council’s actions is not significant enough to justify the pursuit of an additional remedy by the Ombudsman.

The complaint

1. Mr X complains that:
• a refuse crew member damaged his recycling bin lid, and did not then leave a mandatory damage notification card.
• the crew member engaged in unhygienic and unprofessional conduct by placing waste from a neighbour’s bin into his recycling bin.
• the Council delayed and failed to address these issues during the subsequent complaint process.
2. Mr X says this caused him significant distress, frustration and inconvenience. He says the property damage and unhygienic contamination of his bin created ongoing concerns about sanitation. He says he spent considerable time and effort on pursuing the matter and his associated complaint.

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The Ombudsman’s role and powers

3. We can 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. So, we do not start an investigation if we decide:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

4. With regard to the first and second bullet points above, our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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How I considered this complaint

5. I considered information provided by Mr X and the Council, which included their complaint correspondence.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. Having considered the complaint correspondence between Mr X and the Council, I note that:
• the damaged bin was replaced within 1 month of the incident being reported. The Council apologised that the situation had occurred, and for the distress and time spent on pursuing the matter.
• the crew member was spoken to and issued with a warning for failing to follow the required health and safety procedures.
• the crew member and wider crew have undertaken refresher training to ensure that correct procedures are followed at all times. This includes protocols around handling of waste, safeguarding hygiene standards, and the requirement to leave a notification card where damage occurs.
• the Council has apologised for the delays in the complaint process and for failing to address all the issues raised, and has provided an explanation of why this occurred.
8. On balance, I do not consider that any outstanding injustice caused by the underlying incidents (e.g. the bin lid being damaged, and the neighbour’s waste being put in Mr X’s bin) or the subsequent errors in the complaint process, is significant enough to justify us pursuing an additional remedy on top of the actions the Council has already undertaken (as detailed above). We will therefore not start an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because, on balance, any outstanding injustice caused by the Council’s actions is not significant enough to justify pursuing an additional remedy.

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Investigator's decision on behalf of the Ombudsman