Summary: We will not investigate this complaint about the Council’s waste lorries collecting waste from a private road as there is insufficient evidence of the complainant having been caused an injustice significant enough to warrant our further involvement.

The complaint

1. Mr X complained the Council was unlawfully accessing a private estate road to collect domestic waste in its HGV lorries. Mr X said the junction connecting the estate road to the highway had not been properly constructed and could not carry such traffic. Mr X had concerns this would cause damage and wanted the Council to indemnify him and other frontage owners against any damage caused by the waste collection lorries.

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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 injustice fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. We investigate complaints where significant personal injustice has resulted from Council fault. I recognise Mr X’s concerns about potential damage, but this is speculative and does not represent an injustice that would justify our further involvement.
7. Additionally, we would generally expect someone to resort to legal action if their property was caused damage by a council’s actions as this is the remedy provided in law regarding such matters and we cannot determine damage claims.
8. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of him being caused a significant personal injustice from the alleged Council fault.

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Investigator's decision on behalf of the Ombudsman