Summary: We will not investigate this complaint about a dirty rubbish bin because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council returned the wrong bin and will not give her a clean replacement. She is also worried there may be missed collections in the future.

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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, or
• any fault has not caused injustice to the person who complained, 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

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

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My assessment

4. Ms X receives an assisted collection service. The crew collected her bin but returned a different one which was dirty. Ms X has provided a photograph which shows what looks like dirty plastic bags at the bottom of the bin. Ms X says her bin had her house number on it and the dirty bin has a different number.
5. Ms X asked the Council to clean the bin or provide a replacement. She said she is unable to clean it and will not use it.
6. The Council apologised for the inconvenience but said it would not provide a free replacement because the bin is not damaged and Ms X can still use it. Alternatively the Council said Ms X could pay £20 for a new bin.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. It is unfortunate the crew returned a different bin but this does not amount to fault which requires an investigation. In addition, while the bin is dirty, there is nothing to stop Ms X using it and she would not have to come into contact with the waste at the bottom of the bin. As the bin is not damaged there is no suggestion of fault in the Council’s decision not to provide a free replacement.
8. I also will not investigate this complaint because there is insufficient evidence of injustice. I appreciate Ms X would prefer a clean bin, and is unable to clean it, but she can still use the bin. Alternatively, Ms X could pay £20. I recognise this would be a cost to Ms X but it does not represent a level of injustice which requires an investigation.
9. Ms X is worried she may have missed collections in the future and wants the Council to put in place procedures to ensure this does not happen. However, we investigate events that have happened, not problems that may arise in the future. If Ms X experiences a series of missed collections she can complain to the Council and then make a new complaint to us.

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Final decision

10. I will not investigate this complaint because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman