Summary: The Ombudsman will not investigate Miss X’s complaint about a £36 charge for a replacement bin. This is because there is not enough of evidence of fault by the Council or significant personal injustice to Miss X.

The complaint

1. The complainant, whom I shall call Miss X, complains about a £36 charge for a replacement refuse bin. Miss X needs a replacement because the bin at the property she has just moved into is damaged.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council. (Local Government Act 1974, section 24A(6), as amended) )

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How I considered this complaint

3. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

4. Miss X contacted the Council because the bin at the property she has just moved into is damaged. The lid is cracked and lets in water. Miss X asked the Council to provide a replacement. The Council said that Miss X would need to pay £36.
5. Miss X complained to the Council. She did not think it was fair she was liable for the charge when the previous tenant damaged the bin. In its responses to Miss X’s complaints, the Council said there was no evidence one of its crews had damaged the bin. It said the damage seemed like “normal wear and tear”. The Council explained bins do not belong to residents and must be kept at the address they were originally delivered to. When a new resident moves into a property it is their responsibility to pay for a new bin if one is needed.
6. In deciding whether to investigate a complaint, the Ombudsman needs to consider various tests. These include if we are likely to find fault, and the level of injustice to the person complaining.
7. Based on the evidence available, the Council has applied its published policy in saying Miss X needs to pay for a replacement bin. I know Miss X disagrees with this decision, but I have not seen any evidence of fault by the Council. It is not the role of the Ombudsman to say what policies councils should operate. Also, while I appreciate the situation is frustrating, the injustice to Miss X is not significant enough to warrant an investigation by the Ombudsman.

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Final decision

8. The Ombudsman will not investigate Miss X’s complaint. This is because there is not enough of evidence of fault by the Council or significant personal injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman