Summary: We will not investigate Mr X’s complaint about the professional conduct of the Council’s waste collection officers. The Council upheld the complaint, explained service improvements and training it would implement, and apologised to Mr X. An investigation by the Ombudsman is unlikely to achieve anything further.

The complaint

1. Mr X complained the Council’s waste collection contractors verbally insulted him.
2. Mr X said the matter caused him distress and uncertainty.

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The Ombudsman’s role and powers

3. 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:

• we could not add to any previous investigation by the organisation, 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. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).

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How I considered this complaint

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

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My assessment

7. We will not investigate this complaint. In its complaint response, the Council upheld Mr X’s complaint that its contracted waste collection service staff had used inappropriate language towards him. The Council said the contractor had agreed to deliver additional training to staff and remind them about appropriate conduct. The Council also apologised to Mr X for any distress caused.
8. An investigation by the Ombudsman is unlikely to achieve any additional outcome, and so we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation is unlikely to achieve any additional outcome.

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Investigator's decision on behalf of the Ombudsman