Summary: We will not investigate Ms X’s complaint that the Council delayed paying an agreed symbolic financial remedy. This is because the Council has now paid the remedy and any remaining injustice is not significant enough to warrant an investigation by the Ombudsman.

The complaint

1. Ms X complained the Council failed to pay her an agreed symbolic remedy for her time and trouble regarding a complaint relating to her fence which Ms X said the Council’s waste collection service damaged.
2. Ms X says the matter has caused her frustration and time and trouble chasing the complaint.

Back to top

The Ombudsman’s role and powers

3. 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:

• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X complained to the Council and said its waste collection service damaged a small fence on her property. Ms X wanted the Council to reimburse the cost of repairing the fence. In January 2024, the Council told Ms X it would pay her £25 for her time and trouble.
7. Ms X chased the Council several times requesting the payment. Ms X brought her complaint to the Ombudsman in mid-July 2024. At around the same time the Council paid Ms X the £25.

Analysis

8. We will not investigate this complaint. The Council agreed to pay Ms X a symbolic £25 payment in acknowledgement of her time and trouble. Although there was a delay of several months in making the payment, the Council has now paid Ms X. Any remaining injustice caused to Ms X by the delay is not significant enough to warrant an investigation by the Ombudsman. The primary issue has now been resolved and further investigation would not achieve any additional outcome. Therefore, we will not investigate this complaint.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because the Council has now resolved the issue and any remaining injustice is not significant enough to warrant an investigation by the Ombudsman.

Back to top

Investigator's decision on behalf of the Ombudsman