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

The complaint

1. Mr B says his wheelie bin was damaged when it was emptied by refuse collectors during very cold weather. Mr B complains the Council has refused to take responsibility for the damage and has told him he must pay for a replacement bin. 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. We could start an investigation into the likely cause of the damage to Mr B’s bin, but I find an investigation is not justified.
8. An investigation may not help us establish the cause of the damage.
9. But in any case, the charge for a replacement standard bin is relatively modest - under £40. Mr B has not suffered a serious or significant injustice which would justify public money being spent on an investigation by the Ombudsman.
10. So, we will not investigate this complaint.

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Final decision

11. 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