Summary: We will not investigate Mrs X’s complaint about the Council’s response after her bin was stolen for the second time in six months. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, Mrs X, complains about the Council’s response after her refuse bin was stolen for the second time in six months. The Council told Mrs X she would need to pay for delivery of a new bin and suggested she could reclaim her bin if she saw it left out for collection. Mrs X said the Council’s response lacked compassion.

Back to top

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 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The Council told Mrs X it was unable to deliver a new bin free of charge after she told it her bin had been stolen. It explained there is a £18 charge for delivery of all new and replacement bins.
8. The Council’s terms and conditions for residential bin deliveries are published on its website. It states there is a delivery charge for each new bin where bins are lost or stolen. The current delivery charge is £18. There is a reduced charge if the household is in receipt of Housing Benefit or Council Tax Support.
9. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
10. We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. This is because it has acted in line with its published terms and conditions for delivery of new bins if they are lost or stolen. It is unfortunate that Mrs X’s bin has again been stolen, however this is not due to fault by the Council. It is applying the delivery charge as set out in its published terms and conditions.
11. In response to our initial contact with the Council it said it would contact Mrs X again to explain its position and the options in relation to her bin.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman