The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Miss X’s suggestion about one of its refuse collection online forms. This is because there is not enough evidence of fault by the Council and the injustice Miss X claims is not significant enough to justify our involvement. We also cannot achieve the outcome Miss X seeks.
The complaint
Miss X complained the Council refused to amend one of its online refuse collection forms following a suggestion she made. Miss X also complained about the Council’s handling of her complaint.
Miss X said this made her feel excluded and said the complaints process was stressful and time-consuming.
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 injustice is not significant enough to justify our involvement, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained the Council refused to amend one of its online forms when she suggested it added an extra field to it.
The Council told Miss X it raised her suggestion as a comment to the relevant team who would consider the suggestion, but that Miss X may not receive an update about the matter.
In its response to Miss X’s complaint, the Council said it may not be proportionate to introduce this change as the circumstances it relates to only affects a handful of residents. It also said if more residents raised similar issues, it could reconsider the suggestion. Based on the information available, it is unlikely we would find fault in how the Council handled this suggestion.
In addition, the Ombudsman cannot tell the Council to make changes to its online forms, or to provide Miss X with compensation given there is not enough evidence of fault. Furthermore, we do not consider it has caused Miss X a significant injustice. Therefore, we cannot achieve the outcome requested by Miss X and we will not investigate this complaint.
As we have decided not to investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint as it is not proportionate to do so.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council, the injustice Miss X claims is not significant enough to warrant our involvement and we cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman