Summary: The Ombudsman will not investigate Miss X’s complaint about a £37 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 £37 charge for a replacement refuse bin. Miss X needs a replacement because the bin at her property has gone missing.

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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 to say the bin it provided her to dispose of household waste went missing when it was last emptied. The Council told Miss X it had no record of her bin falling into the waste collection vehicle. It suggested Miss X check to make sure one of her neighbours had not taken the bin, and to see if it was placed outside on the next collection day. The Council told Miss X a replacement bin would be £37.
5. Miss X complained to the Council because she felt the charge was unfair. The Council replied and told Miss X the charge was introduced in 2017. It confirmed that if Miss X’s bin was not found, she would need to pay for a replacement.
6. 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

7. 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 Miss X.

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Investigator's decision on behalf of the Ombudsman