Summary: We will not investigate Mr X’s complaint about the Council’s failure to compensate him for trauma and anxiety following an incident with its refuse collection crew. This is because it would be reasonable for Mr X to make a claim for compensation at court.

The complaint

1. The complainant, Mr X, complains the Council’s garden waste collection crew used his green bin to damage his property. He says the Council’s contractor accepted liability and compensated him for the damage but not for his trauma and anxiety. He is also unhappy the Council did not name the individuals responsible.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. It is not our role to determine claims for personal injury such as trauma and anxiety. If Mr X believes he is entitled to compensation for the psychological impact of the refuse collector’s actions it would be reasonable for him to make a claim through the courts.
7. We would also not insist the Council gives the names of the operatives responsible for the damage to Mr X. Mr X suggests he wants them because he considers the actions criminal and has reported the matter to the police. But if the police decide to investigate the matter further they may make their own enquiries as they see fit.

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Final decision

8. We will not investigate this complaint. This is because it would be reasonable for Mr X to make a claim for damages through the courts.

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Investigator's decision on behalf of the Ombudsman