Summary: Mrs X says the Council is at fault for charging her for a replacement wheeled bin. This is because she says the refuse crew damaged it during collection. The Ombudsman is satisfied the Council’s offer to replacement the bin free of charge addressed the substantive injustice claimed by Mrs X. He also recommended the Council amended its Recycling and Waste Discretionary Fees and Charges policy. The Council agreed.

The complaint

1. The complainant, who I shall call Mrs X, says the Council is at faut for charging her for a replacement wheelie bin. This is because she says the wheelie bin was damaged by the refuse crew during collection. Mrs X refutes the Council’s claim the bin was damaged because it was old.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. As part of my investigation I considered Mrs X’s complaint and discussed it with her. I made enquiries of the Council and considered its response and the relevant council policy. I set my initial thoughts on the complaint in a draft decision statement and invited Mrs X and the Council to comment.

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What I found

5. The policy says that charges for replacement wheeled bins should be charged to the resident including replacements for age wear and tear. An exception to the policy would be for wheeled bins lost or damaged during collection operations. The charge is £49.99 for a replacement wheeled bin.
6. The policy does not provide any details on how the Council will assess if a bin was damaged as part of collection operations or due to age wear and tear.
7. The Council does not charge to replace recycling bins that are damaged during collection.

The Environmental Protection Act 1990, Section 46

8. This explains how a resident can challenge a local authority decision to charge for a replacement bin. It provides a right to appeal the charge in a magistrates’ court if the council has served the appropriate formal notices.

Key events

9. Mrs X’s rubbish bin was damaged. She says this happened during the collection.
10. Mrs X asked the Council for a new bin and was initially told there would not be a fee.
11. However, the Council then inspected the bin and explained that the damage was due to wear and tear and it would charge Mrs X for a new bin.
12. It apologised for its initial advice and said it would update its website to make the information about the charges clearer. However, it confirmed the charge was correct.
13. Mrs X complained to the Council but the Council did not alter its view on the charge. For this reason, Mrs X approached the Ombudsman.
14. As part of the investigation into this complaint I made enquires of the Council. In its response the Council said:

• The Council will assess bins that are damaged to determine if wear and tear is the reason. It will do this by assessing the look of the bin, how old it appears, if there is evidence of general wear and tear, if it has faded in the sun and become brittle, if it has the new council logo on and the type of damage.
• It will ensure the bin has been subject to the above assessment before it makes a decision that charging for a replacement is appropriate.
• It did not issue Mrs X with a Section 46 Notice as this was not necessary as it had not refused to collect Mrs X’s refuse. It says that it provides purple refuse sacks for collection of refuse while it decides if a charge should be made for a replacement bin.

15. As part of its response to my enquiries the Council also said it would use its discretion and provide Mrs X with a replacement bin without charge.

Analysis

16. The Council has said it will now replace Mrs X’s wheelie bin free of charge. I consider this outcome remedies the substantive injustice claimed by Mrs X.
17. I am however concerned the Council’s policy does not provide any guidance or criteria on how it will determine the cause of any damage. To ensure consistency in decision making, the policy should have included this information.
18. In this case the Council did not refuse to collect Mrs X’s waste and it has now provided a new bin. Therefore, there was no need it for it to issue a Section 46 notice.
19. However, if a resident refused to pay for a replacement bin, a Section 46 notice would provide a means of challenging the Council’s decision to charge. The Council’s policy does not refer to this.

Agreed action

20. The Council should update its Domestic Bins and Container Charges policy is updated so that it includes details of the notices that are required by the legislation and ensure these are issued where appropriate. It has agreed to do so.
21. The Council has also said that it will now replace all wheeled bins that are lost or damaged on collection day free of charge. It has updated its policy to reflect this.
22. The Council should provide evidence of the above policy changes within 12 weeks of my decision.

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Final decision

23. I have ended my investigation of this complaint as the Council has acted on my recommendations.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman