Summary: We will not investigate Mrs X’s complaint about the Council’s decision not to consider her complaint about its refuse crew damaging her property via its complaints procedure. This is because there is no sign of fault in the Council’s decision.

The complaint

1. Mrs X complains about the Council’s decision not to consider her complaint about its refuse crew damaging her property via its complaints procedure. Mrs X says the Council has not addressed her complaints about the crew’s conduct and complaint handling.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complained to the Council that its refuse crew damaged her property whilst carrying out its waste collections.
6. The Council told Mrs X it would not consider her complaint via its complaints procedure because it involved a potential insurance claim. It provided Mrs X with information on how to make a claim and signposted her to this office.
7. We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. The Council’s decision not to consider this matter via its complaints procedure has been made in line with its published complaints policy. This lists the matters a person cannot make a formal complaint about; this includes matters that involve a potential insurance claim. It is a decision the Council was entitled to make. The crux of Mrs X’s complaint to the Council was that its crew was negligent and caused damage to her property. It is a matter that would be best considered and resolved via an insurance claim. Should the claim be refused Mrs X would have the right to pursue her claim in the courts. There is no sign of fault in the Council’s approach here and so we will not investigate.

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Final decision

8. We will not investigate Mrs X’s complaint because there is no sign of fault in the Council’s decision not to consider this matter via its complaints procedure.

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Investigator's decision on behalf of the Ombudsman