Summary: We will not investigate this complaint about a charge for a replacement bin. This is because there is insufficient evidence of fault by the Council and it is unlikely we could add to the Council’s response.

The complaint

1. The complainant, Mr X, wants the Council to replace his bin for free because he says it was damaged during the collection round.

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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:

• there is not enough evidence of fault to justify investigating, or
• investigation would not lead to a different outcome.

(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 Mr X. This includes the complaint correspondence. I also considered the Council’s bin charging policy and our Assessment Code.

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My assessment

4. In 2020 the Council introduced a bin charging policy. The policy says the Council will charge for lost or damaged bins unless the bin was damaged during the collection round.
5. Mr X contacted the Council to ask for a free replacement bin. He said the bin was cracked and the lid was missing. Mr X said the bin was damaged by the crew during the collection.
6. In response, the Council explained its bin charging policy. It said the crew had not reported any bin damage during the round so, in the absence of any evidence, it must assume the damage was caused by wear and tear. The Council said that in these circumstances there is a charge. As an alternative the Council said Mr X could buy his own bin provided it met the Council’s specifications.
7. We will not start an investigation because there is insufficient evidence of fault by the Council. The policy says there is a charge for replacement bins unless the bin was damaged during the collection. The Council has no evidence the bin was damaged during collection so its decision that Mr X must pay for a new bin is consistent with the policy.
8. I appreciate Mr X disagrees with the Council’s response and maintains the bin was damaged during the round. However, we make evidenced based decisions, and, in the absence of any independent evidence, we could not determine how the bin was damaged. For this reason, it is very unlikely we could add to the Council’s response or that an investigation would lead to a different outcome.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council and it is unlikely we could add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman