Summary: We will not investigate Mr X’s complaint about damage to his refuse bin and the charge for a replacement. This is because there is insufficient evidence of fault by the Council. Also, the matter has not caused Mr X any significant personal injustice which is serious enough to warrant an investigation.

The complaint

1. The complainant, Mr X, complains his refuse bin was damaged by the Council’s refuse contractor and the Council says he needs to pay for a new bin if he wants it replaced.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start 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))

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council that his refuse bin was damaged by its refuse contractor. Mr X says the new contractor’s vehicle is damaging bins and that it is a Borough wide issue.
7. The Council viewed the damage to Mr X’s bin. It said it showed minor, general damage not consistent with that caused by the collection of his waste by the contractors. It said the bin remains serviceable and, in line with its policy, it will not replace Mr X’s bin free of charge. However, should Mr X choose to do so, he can purchase a new bin for £31.50.
8. The Council’s policy on charging for replacement bins is published on its website. This states it does not provide replacement refuse bins for free unless it is proven that the bin fell in the back of the waste collection vehicle. It will replace lids that are confirmed to have been damaged during collection.
9. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council as it has acted in line with its policy on charging for replacement bins. Also, the matter complained about has not caused Mr X any significant personal injustice which is serious enough to warrant an investigation. We do not investigate every complaint we receive. We must focus our limited public resources on considering complaints where a person has suffered a significant personal injustice as a result of claimed fault by a body in our jurisdiction.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation and the matter complained about has not caused Mr X a significant personal injustice which is serious enough to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman