Summary: We will not investigate Mr X’s complaint about the Council’s refuse team reversing its lorry onto his driveway. This is because any personal injustice is not significant enough to warrant an investigation.

The complaint

1. Mr X complained the Council’s refuse team reversed its lorry onto his driveway on several occasions. He said the matter caused him frustration. It also caused him worry as he has a young family and a pet and said the refuse team’s lorry may cause damage to his driveway. He wants the Council to provide him with an apology and a financial remedy each time the refuse team uses his driveway.

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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
• we could not add to any previous investigation by the organisation.

(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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mr X’s complaint, the Council:
• apologised to Mr X for the inconvenience and upset the matter caused him;
• informed Mr X it had told the refuse team to not use his driveway. It had also included this information in the lorry’s system so the team was aware upon arrival not to reverse into Mr X’s driveway. It said it would continue to monitor the matter; and
• completed a new health and safety risk assessment of the location in question and surrounding areas to strengthen the message to the refuse team not to use Mr X’s driveway.
6. We usually investigate complaints where the complainant has experienced serious harm or distress as a direct result of the Council’s actions. We recognise the injustice caused to Mr X however, we do not consider it to be significant enough to warrant an investigation.
7. In any case, the Council appropriately addressed Mr X’s concerns.
8. We will therefore not investigate his complaint.

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Final decision

9. We will not investigate Mr X’s complaint because any personal injustice is not significant enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman