Summary: We will not investigate this complaint about the Council’s decision that the complainant must pay to replace bins that were stolen. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision that he must pay to replace two bins which were stolen. Mr X wants the Council to provide at least one free bin and change its policy. He also wants the Council to refund £39 he paid for a replacement bin in 2022.

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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 Mr X. This includes the complaint correspondence and the Council’s domestic waste policy. I also considered our Assessment Code.

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My assessment

4. The Council’s waste policy says it provides free replacement bins when a bin is damaged or lost during the collection round. The policy says the resident must pay to replace stolen bins.
5. Mr X reported the theft of two bins to the Council in October. The Council explained there is a cost of £39 for each replacement bin. Mr X disagrees with the charge and says he paid for a new bin in 2022. Mr X says the Council did not consider his circumstances. The Council confirmed the charge is correct and referred Mr X to the policy.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X disagrees with the charge, and has explained why he thinks it is unfair, but as the charge reflects the policy there is no reason to start an investigation. Further, there are no grounds on which we could ask the Council to reimburse the fee Mr X paid in 2022.
7. We cannot change the Council’s policy. Mr X could contact his local councillors, or other elected members, if he thinks the Council should change the policy in relation to stolen bins or the needs of individual residents.
8. Mr X added to his complaint to us by saying, in November, that he had not received the replacement bins. We can only consider issues that have completed the Council’s complaints process. If Mr X wants to complain the Council has delayed delivering the new bins, then he will need to raise this as a complaint with the Council. I have not seen any evidence that this issue has completed the Council’s complaints process.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman