Summary: We will not investigate Mr X’s complaint about the Council not providing him with a free garden waste bin, to replace the one missing when he moved into his house. There is not enough evidence of Council fault, and the matter does not cause Mr X a significant personal injustice, to warrant us investigating.

The complaint

1. Mr X moved into a property which was missing the garden waste bin. Mr X complains:
1. the Council’s policy means it will cost him £40 for a new replacement garden bin;
2. the Council has not decided to provide him with the bin free of charge.
2. Mr X says he and his wife are elderly and in ill health, so cannot remove their garden waste other than with a bin collection, and have limited funds to pay for a bin. He says if they cannot get a bin, they will not be able to tend the garden, impacting their quality of life. Mr X wants the Council to replace the missing garden bin without charge.

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The Ombudsman’s role and powers

3. 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

4. I considered information from Mr X, and the Ombudsman’s Assessment Code.

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My assessment

5. It was not Council fault which led to the garden waste bin not being available to Mr X when he moved to his new home. Councils cannot control what residents do with the bins they provide. I recognise it was not Mr X who lost the bin either. But if someone took the bin from the house, that is not something which could be the Council’s fault.
6. Councils are entitled to charge for replacement bins. This Council’s policy is to replace damaged bins for free, where this has happened through normal use, or wear and tear. But if a bin has been lost or misplaced, they charge £40 for a replacement. In response to Mr X’s correspondence and complaint, the Council explained its policy. They decided Mr X would need to pay to replace the lost bin, in line with that policy, and their approach in all such similar cases. I recognise Mr X disagrees with their decision. But there is not enough evidence of fault in the Council’s policy and how it applied it here to warrant us criticising the decision and investigating.
7. In any event, even if there has been Council fault in deciding not to provide Mr X with a free bin, it does not cause a significant personal injustice to him. I note Mr X’s comments about his finances and circumstances. But the replacement bin cost involved is not a sufficient personal injustice to Mr X to justify us investigating.

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Final decision

8. We will not investigate Mr X’s complaint because:
• there is not enough evidence of Council fault to justify us investigating; and
• even if there has been Council fault, the cost to replace the bin is not a significant personal injustice warranting an investigation.

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Investigator's decision on behalf of the Ombudsman