Summary: We will not investigate this complaint about the Council’s decision not to replace a refuse container. There is no significant injustice, and we cannot achieve any meaningful outcome.

The complaint

1. Mr X complained because the Council refused to replace a refuse container. Mr X said the Council’s waste collection crews had damaged it and he said he should not be liable for the costs of a replacement. Mr X said this means he cannot properly use the collection service he paid for and wants the Council to provide him with a new refuse container.

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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 any injustice is not significant enough to justify our involvement, or there is no worthwhile outcome achievable by our investigation. (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 and I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mr X was unhappy with the Council’s decision to say he was liable for the cost of a replacement container. He was also unhappy the Council refused to consider information he wanted to provide it about how the damage was caused.
5. 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.
6. Given the sums of money Mr X has described as his loss in this matter, I will not investigate this complaint, including the Council’s decision not to seek further information about the incident.
7. In any case, even if we were to investigate Mr X’s complaint, we could not direct the Council to replace his refuse container. And if Mr X feels unable to use the service he paid for, he could withdraw from this arrangement at an appropriate point.

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Final decision

8. We will not investigate Mr X’s complaint because there is no significant injustice and there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman