Summary: We will not investigate this complaint about the Council’s handling of Mr C’s complaint about his bin being left in a position which obstructed access to his home. This is because we have decided any injustice is not significant enough to justify our involvement.

The complaint

1. Mr C complains Council refuse collectors left his wheelie bin in a position which blocked access to his property. Mr C says the Council has not provided a suitable response to his complaint about this matter.

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The Ombudsman’s role and powers

2. People may complain to us about injustice caused by:
• ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or
• the actions of an organisation in connection with privately arranged adult social care.

(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).

3. We provide a free service but must use public money carefully. We do not start an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
4. We will not normally investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), or section 34B(8)).

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How I considered this complaint

5. I considered information provided by Mr C.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
8. Mr C has not suffered a significant or serious injustice as a result of this incident which would justify an investigation. And, the Council has provided a suitable response to Mr C’s complaint by apologising to Mr C and reminding relevant staff of the need to return bins correctly after collection. So, an investigation by the Ombudsman is not justified.

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Final decision

9. We will not investigate this complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman