Summary: The Ombudsman will not investigate this complaint about charges for a set of bins. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council charges £31 for each bin it provides. Mr X says there were no bins at the property when he moved in. Mr X wants the Council to provide a set of three bins for free.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I considered the Environmental Protection Act (EPA) 1990 and the Council’s charging policy. I invited Mr X to comment on a draft of this decision.

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What I found

Bin charging policy

4. The Council introduced a charge for new and replacement bins in 2017. The charges apply if someone moves into a property and finds there are no bins.

What happened

5. Mr X moved into his home earlier this year. He found there were no bins. He has been using bags, as an alternative, but says it leads to missed collections and he has to keep buying bags.
6. Mr X asked the Council for a set of bins. The Council explained there would be a charge of £31 for each bin. The Council explained the charge was correct as stated in the charging policy and authorised under the EPA.
7. Mr X disagrees with the Council’s reply and wants it to provide a set of bins with no charge.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy has been in place since 2017 and says the Council will charge for bins when a person moves into a property with no bins. The Council’s decision is consistent with the policy so there is no reason to start an investigation.
9. I appreciate Mr X may disagree with the policy. However, the Ombudsman does not act as an appeal body and does not tell councils what policies to make. If Mr X thinks it is wrong for the Council to charge for bins he would need to lobby the Council for a change to the policy.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman