The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about bin collections because the injustice is not sufficient to warrant us investigating. We will not investigate councils’ complaints processes where we are not investigating the core matter giving rise to the complaint.
The complaint
Mr X complains: the Council’s contracted bin staff leave his emptied bins obstructing his drive or path, or on the road, instead of placing them where he wants them to; the Council failed to properly investigate his complaint.
Mr X says the matter has affected his wellbeing and he gets stressed and anxious about bin collection days. He says the Council has told him officers will not reply to further complaints from him about the same issue. Mr X wants the Council’s bin contractors to return his bin to a reasonable and safe place, which he has marked out for that purpose. He wants the Council to allow him to make further complaints as required, and deal with all complaints honestly and fairly.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information from Mr X, and the Ombudsman’s Assessment Code.
My assessment
We recognise bin crews leaving empty bins across or part way across Mr X’s drive or path, or in the road, causes frustration to Mr X. They may also cause him inconvenience from having to move them back to his preferred storage area, or before being able to use his drive or path. But those injustices are not significant enough to warrant us using resources to investigate this complaint.
Mr X says the Council did not properly investigate his complaint because the reviewing officer at the later stages did not have all the relevant information. He also says the Council has told him it will not take further complaints from him on the same bins issue. We do not investigate councils’ internal complaint‑handling processes in isolation, where we are not investigating the core issue which gave rise to the complaint. It is not a good use of our resources to do so. That limitation applies here, so we will not pursue this part of the complaint.
Final decision
We will not investigate Mr X’s complaint because: the injustice caused to Mr X by the bins issue is not significant enough to warrant us investigating; and we do not investigate councils’ complaint-handling where we are not investigating the core issue giving rise to the complaint.
Investigator's decision on behalf of the Ombudsman