Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot have a free second garden waste bin. 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 the Council will not give him a free second garden waste bin. He says the Council is treating him unfairly. Mr X wants a free second bin and compensation.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the email correspondence between Mr X and the Council. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. The Council provides a free garden waste service. Historically it allowed people to have more than one garden waste bin and would provide free replacements. The 2019 policy changed the Council’s position such that one garden bin became the standard and replacements were no longer provided. People could continue to use two bins but if one was lost the Council would not replace it.
5. Since June 2021 the Council has provided an additional garden waste service. This means people can pay £45 for a second garden bin. From April 2022 the Council will roll out the charge to people who already have a second bin.
6. Mr X had two garden waste bins. In 2021 he asked the Council for a replacement because one bin had gone missing. The Council explained he could not have a free second bin but could pay for the additional service. Mr X disagrees with the decision. He says he is being treated unfairly because some people have a free second bin service.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. When Mr X asked for a replacement bin the policy was not to provide replacements for lost bins. By then the additional garden waste service had started and the Council correctly told Mr X he could sign up to the new service. There is no requirement under the policy for the Council to replace the bin for free. The Council’s decision is consistent with the policy so there is no reason to start an investigation.
8. Between June 2021 and April 2022 there will be some residents, who already have second bins, who will get an enhanced service for free. But, the Council plans to end this discrepancy and this does not suggest fault requiring an investigation. Mr X does not qualify for this free service during the transition period because he no longer has a second bin and the policy, by then, was not to provide replacements. I appreciate Mr X feels he is being treated unfairly, and there will be a period of difference until the service is standardised, but there is insufficient evidence of fault to require an investigation.

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Final decision

9. 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