Summary: Mr X complained about the Council’s policy to charge for replacement bins, which he says affects him disproportionately as someone who regularly has their bins stolen. We will not investigate this complaint. It is unlikely we would find fault in the Council’s actions, or that we would find Mr X has experienced significant injustice caused by the Council’s actions.

The complaint

1. Mr X complained about the Council’s policy to charge £20 to provide a replacement for stolen bins. Mr X wants a new collection arrangement to be made for his street, which he says is at higher risk of having bins stolen. Mr X says he has had four bins stolen since moving into his property two years ago.

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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 fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

3. I considered the information Mr X provided when he complained to us.
4. I gave Mr X the opportunity to comment on my draft decision.

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What I found

5. Mr X has lived in his property for two years. He says during this time, he has had two recycling bins and two general waste bins stolen. He has paid £40 for replacement bins and he says he has taken his waste to the tip himself since October 2019 rather than using the Council’s waste collection service.
6. The Council’s website states its policy as follows: “There is a £20 charge for a replacement bin. After the initial £20 charge - if your bin goes missing again within a calendar year, we will replace it free of charge. If your recycling box is lost or stolen, we'll send you a replacement free of charge”. I can see no evidence of fault in the Council’s policy. This policy means nobody should pay more than £20 a year, even where their bins repeatedly go missing. The policy does not disproportionately disadvantage Mr X, but instead makes allowances for Mr X as a regular victim of theft. The Council has acted in line with its policy and I do not believe we would find it at fault if we investigated Mr X’s complaint.
7. The Council did not steal Mr X’s bins. It is open to Mr X to consider contacting the police who can consider whether a crime has taken place. Mr X says he has so far paid £40 for replacement bins. Mr X has also chosen to take his refuse to the tip since October 2019. It is unlikely if we investigated that we would hold the Council responsible for the injustice Mr X has experienced. His injustice was caused by the individuals who took his bins.

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Final decision

8. the Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault by the Council that caused a significant injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman