Summary: We will not investigate Mrs B’s complaint about the Council not replacing her damaged garden waste bin without charge. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs B complains her garden waste bin is damaged and cannot be used. Mrs B says it is likely her bin was not fit for purpose when she signed up to the Council’s garden waste subscription service. Mrs B complains the Council has not provided or maintained the equipment needed to provide this service which she pays for, and wrongly expects her to pay for a replacement bin. Mrs B would like the Council to provide 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 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 Mrs B and information on the Council’s website about its waste and recycling service.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Councils are not required to collect garden waste. It is for each council to decide whether to collect garden waste, and if so, how to operate this service. Councils are allowed to charge residents to collect garden waste.
6. The Council has decided to charge residents to use its garden waste collection service.
7. It is for the Council to decide how to operate this service including its approach to the provision and use of new and existing bins. It is for residents to decide whether to sign up for this service.
8. The Council has decided to charge a resident for a new bin if their bin is damaged during normal use. The Council is allowed to do this. It is not the role of the Ombudsman to tell the Council to operate this scheme differently, for example by inspecting the condition of each resident’s bin before starting this service or by offering free replacement bins.
9. So, there is not enough evidence of fault to justify an investigation.

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Final decision

10. We will not investigate this complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman