Summary: We will not investigate Mr X’s complaint about the Council’s charges for the delivery of new waste and recycling bins. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mr X, complains about the Council’s charges for delivery of new waste and recycling bins. Mr X says he has been the victim of fraudulent misrepresentation and charged excessive fees by the Council. He says the £70 charge for delivery of three bins is excessive and he has been charged twice as the bins were delivered at the same time. Mr X says he already pays for the service via his Council Tax payments.

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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 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 or continue 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 about the bin delivery charges as set out above.
7. In response, the Council explained the basis by which it is able to charge for the delivery of bins and provided details of the charges it applies. It explained the delivery charge is an administrative charge which covers costs it incurs in relation to new or replacement bins and is not solely a charge to cover the delivery costs.
8. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. The Council has acted in line with its policy on charges for the delivery of bins as published on its website which explains there is a charge for the delivery of bins if there are no bins at a resident’s new address.
9. In addition to this, the matter 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 and 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. The difference between what Mr X says the delivery charge should be and what the Council charges is relatively modest and the claimed injustice to Mr X is not serious enough to justify the use of public money to carry out an investigation.

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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.

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Investigator's decision on behalf of the Ombudsman