The Ombudsman's final decision
Summary: We will not investigate this complaint about matters relating to the ownership and replacement of communal waste bins at Ms X’s block of flats. This is because neither fault by the Council nor injustice caused to Ms X is sufficient to warrant an investigation.
The complaint
Ms X complains about the Council’s handling of matters relating to the ownership, provision and replacement of communal waste bins at her block of flats. She says she has wasted a great deal of time trying to get answers to questions and she should be compensated.
The Ombudsman’s role and powers
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 fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
We do not investigate every complaint we receive. We are publicly funded and have an obligation to use the funds allocated to us in an effective, efficient and economic manner. The Council has addressed the queries Ms X put to it about the communal bins and while she may not be satisfied with its response, there is insufficient evidence of fault by the Council or injustice caused to her to warrant an investigation.
Final decision
We will not investigate Ms X’s complaint because neither fault by the Council nor the injustice caused to her is sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman