Summary: We will not investigate Mr X’s complaint that the Council wrongly emptied his brown bin of personal items including two pressure washers and a gas bottle. This is because there is not enough evidence to show the Council took the items and if Mr X believes he is entitled to compensation it would be reasonable for him to make a claim against it at court.

The complaint

1. The complainant, Mr X, complains the Council emptied his brown bin, which he used to store personal belongings, despite not having a subscription for its garden waste collection service. He wants the Council to compensate him for the loss of his belongings.

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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. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. Refuse bins are provided by local councils for the storage and collection of waste and remain the property of the council that provided it. They are not intended to be used by residents to store personal belongings.
7. The Council confirms it emptied Mr X’s brown bin but says this was because it had been presented for collection at the kerb along with his other bins. It has checked the evidence available, which includes CCTV footage from the collection vehicle and interviews with operatives who attended on the day, but says it can find nothing to show the items Mr X claims were in the bin were there at the time of collection. It has therefore declined to reimburse Mr X for his belongings.
8. We cannot determine whether the items were in the bin at the time of collection or reach a view on the value of the items Mr X wishes to be compensated for. We cannot therefore recommend the Council reimburses Mr X for them.
9. If Mr X wishes to pursue the matter it would be reasonable for him to make a claim against the Council at court. The courts are better placed to deal with claims such as Mr X’s and its decisions are binding on both parties. If it finds sufficient evidence to show the Council took Mr X’s belongings, and that it did so wrongly, it may order it to pay Mr X compensation. There is nothing to show it would be unreasonable for Mr X to take the matter to court and I will not therefore exercise my discretion to investigate the complaint.

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Final decision

10. We will not investigate this complaint. This is because there is not enough evidence for us to reach a view on the matter and we cannot therefore achieve the outcome Mr X wants. If Mr X believes he is entitled to compensation it would be reasonable for him to take the matter to court.

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Investigator's decision on behalf of the Ombudsman