Summary: We will not investigate this complaint about a £20 charge for a garden waste bin. This is because there is insufficient evidence of fault and injustice.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he must pay £20 for a garden waste bin.

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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 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 Mr X and the Council. This includes the Council’s response and information on the Council’s website. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. The Council charges £20 for replacement bins. It does not charge for garden waste bins if the property has not previously used the garden waste service. If the property previously used the service there is a fee for a new bin.
5. Mr X moved to his home in 2021. There was no garden waste bin. He recently signed up for the garden waste service and paid the subscription. He explained there was no garden waste bin and was told he would have to pay. Mr X complained because he has not previously used the garden waste service and there was no bin when he moved in.
6. In response the Council confirmed the £20 fee is correct because the property he moved into had previously used the garden waste service. It said this is explained in the terms and conditions which applicants are advised to read before subscribing to the service. The Council said Mr X could either pay £20 for a bin or he had seven days to ask for a refund on his subscription.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The rules say there is a £20 charge for a garden bin unless the property has not previously used the service. Previous residents of Mr X’s home had used the service so the decision to charge the fee reflects the policy and there is no reason to start an investigation.
8. I also will not start an investigation because a dispute over £20 does not represent a level of injustice requiring an investigation.

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Final decision

9. We 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