Birmingham City Council (23 019 891)

Category : Environment and regulation > Refuse and recycling

Decision : Upheld

Decision date : 24 Apr 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council failing to provide a replacement pod insert for the complainant’s recycling bin. The Council has now taken satisfactory action to address the complaint.

The complaint

  1. Mr X complains the Council has failed to replace the pod insert for his recycling bin, and has not given a timeframe for when one will become available.

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The Ombudsman’s role and powers

  1. We can 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. So, we may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I considered information provided by Mr X and the Council, which included an update on when a new pod would be delivered.
  2. I also considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X first reported that his pod insert was missing on 22 January and, following the Ombudsman making enquiries of the Council, I understand a replacement was eventually delivered on 24 April. On balance, I consider this to be a satisfactory way to address the complaint, so the Ombudsman will not pursue the matter further.

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Final decision

  1. We will not investigate Mr X’s complaint because the Council has now taken appropriate action to resolve the matter.

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Investigator's decision on behalf of the Ombudsman

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