Summary: We will not investigate Mr B’s complaint about the Council charging him for a replacement bin. This is because Mr B has not suffered a serious or significant injustice which would justify an investigation.

The complaint

1. Mr B says his wheelie bin was damaged by refuse collectors when it was emptied. Mr B complains the Council has told him he must pay for a replacement bin and has wrongly said the damage was due to wear and tear. Mr B would like the Council to provide him with a replacement bin at no cost.

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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 an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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How I considered this complaint

4. I considered information provided by Mr B and information on the Council’s website about replacement wheelie bins.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s policy is to charge a resident for a new bin if their bin is damaged during normal use. The Council is allowed to do this.
7. There is a disagreement between Mr B and the Council about whether his bin was damaged during normal use.
8. An investigation into the likely cause of the damage is not justified. The charge for a replacement bin is relatively modest - under £40. So, Mr B has not suffered a serious or significant injustice which would justify public money being spent on an investigation by the Ombudsman.

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Final decision

9. We will not investigate Mr B’s complaint because he has not suffered a significant injustice which would justify an investigation.

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Investigator's decision on behalf of the Ombudsman