Summary: We will not investigate Ms X’s complaint about the Council losing the lid off her wheeled bin, not notifying her about the matter, and refusing to replace her broken waste bin free of charge. There is not enough evidence of Council fault, nor sufficient personal injustice caused to her, to warrant us investigating.

The complaint

1. Ms X complains:
1. the Council’s bin contractors broke her general waste bin’s lid off during a collection;
2. the contractors failed to put a card through her door notifying her;
3. the Council is unfairly refusing to replace her bin for free.
2. Ms X says the lidless bin is a health hazard and will attract flies, and wildlife from nearby land. She says she is currently receiving medical treatment which increases her infection risk and the matter has caused her stress. She wants the Council to give her a new bin for free and treat people with more compassion.

Back to top

The Ombudsman’s role and powers

3. We investigate 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 continue 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), as amended, section 34(B))

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered information provided by Ms X and the Council, and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. We may only go behind a council’s decision if there has been fault in its decision‑making processes and but for that fault a different decision would have been made. So we consider the processes councils and their contractors have followed.
7. Ms X says in her complaints to the Council that her bin’s lid was only attached by one side of the hinge at the time it came off. The Council considers this sort of fault with the bin is wear and tear from normal use by both the resident and bin staff. Council policy is to charge for replacement bins made unusable through such wear and tear. The Council has considered the circumstances under which Ms X’s bin lost its lid and has applied its policy when requiring her to pay for a replacement. There is not enough evidence of fault in the Council’s decision‑making process here to warrant us investigating.
8. The Council will only provide a new bin free of charge if the entire the bin ends up in the back of the collection lorry. That scenario triggers the bin crew to issue a card to the resident, advising that they will deliver a free replacement bin. In Ms X’s situation, only the lid could have been taken by the bin lorry. This does not trigger a free bin, nor a notification card. The bin staff and Council officers assessed the relevant evidence and followed policy in not issuing a card to Ms X and not providing her with a free replacement bin. There is not enough evidence of fault in the actions by the Council or its contractors on this issue to justify an investigation.
9. We recognise Ms X disagrees with the Council’s decision to charge her for a new bin, in part because of her health circumstances. But it is not fault for a council to properly make a decision with which someone disagrees.
10. Even if there had been Council fault, we would not investigate the complaint. The Council charges £20 for a replacement bin. This fee includes supply and delivery of the new bin and removal of any damaged bin. The cost involved and the Council’s requirement for it to be paid does not cause Ms X a sufficient personal injustice which would warrant us using our resources to investigate.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because:
• there is not evidence of Council fault to warrant us investigating; and
• even if there were fault, there is insufficient personal injustice caused to her by the matter and the charge for a replacement bin to justify us investigating.

Back to top

Investigator's decision on behalf of the Ombudsman