Summary: We will not investigate Ms X’s complaint about the Council’s decision to charge her relative, Mr Y, for a replacement bin. This is because there is insufficient evidence of fault.

The complaint

1. Ms X complains about the Council’s decision to charge her relative, Mr Y, for a replacement bin. She says Mr Y did not cause the damage to the bin so should not have to pay for a replacement. She wants the Council to provide Mr Y with a replacement bin free of charge.

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The Ombudsman’s role and powers

2. 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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s household waste collection guidance sets out its policy for when household bins are damaged, lost or stolen. The guidance states:
• Householders are responsible for replacing any bin that has become damaged through wear and tear.
• Where bins are damaged during collection, the collection crew will report the damage and the Council will replace the bin as soon as is reasonably practicable and free of charge.
• Any other damage (not caused by the crew) will require a replacement bin, for which there is a charge.
• The only exception to the charge is where the resident is in receipt of certain income-based benefits. In these cases, the Council may replace the bin free of charge.
6. In its complaint response to Ms X, the Council said that its crews had not reported damaging Mr Y’s bin as part of its collection. It said it had reviewed their correspondence and it appeared the damage had been caused by general wear and tear.
7. We will not investigate this complaint. The Council’s decision to charge Mr Y for a new bin appears in line with its policy. There is insufficient evidence of fault to warrant further investigation.

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Final decision

8. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant further investigation.

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Investigator's decision on behalf of the Ombudsman