Summary: We will not investigate this complaint about the Council charging for a replacement bin. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault by the Council or injustice to the complainant.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Council wanted to charge him for a replacement household waste bin. Mr X’s previous bin was stolen.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met.

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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What I found

5. Mr X’s household waste bin went missing. Mr X says the bin was stolen. Mr X asked the Council to provide a replacement bin free of charge. The Council refused Mr X’s request and referred him to its policy which says householders are required to pay for a replacement bin. The Council charges £34 for a replacement household waste bin. It also offers refurbished bins for £20.
6. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council. Its decision to charge for a new bin is consistent with its policy. If we were to investigate it is unlikely we would find the Council to be at fault. In addition, the charge of £34 for a replacement bin does not represent an injustice significant enough to warrant an investigation. If Mr X disagrees with the Council’s policy then he could speak to his local councillor.
7. In his complaint to the Ombudsman Mr X also raised concerns about putting his bin out due to health problems. The Council has said Mr X can apply for an assisted collection. If Mr X did this and was unhappy with the Council’s response, he could make a fresh complaint to the Ombudsman.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council or injustice to the complainant.

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Investigator's decision on behalf of the Ombudsman