Summary: We will not investigate Mrs X’s complaint about the Council’s decision she needs to pay for a replacement bin after hers was damaged. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mrs X complains about the Council’s decision she needs to pay for a replacement bin after hers was damaged and the Council stopped collecting it. Mrs X says the bin lid was damaged by the refuse crew and later by a car and van causing a wheel to fall off. The Council says the damage is classed as wear and tear and a charge applies for a replacement bin. Mrs X says despite paying Council Tax to have her bins emptied the service is not being provided.

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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 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)

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How I considered this complaint

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

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My assessment

7. Mrs X complained to the Council about the matter set out in paragraph one, above.
8. The Council told Mrs X the damage to her bin would be classed as wear and tear and that, in line with its policy, all replacement bins are chargeable. It explained the bin had not been collected because it has a missing wheel and that, in line with its safe operating procedures, the crew cannot empty a damaged bin.
9. 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. Whilst I acknowledge Mrs X is unhappy with the Council’s decision it is one it is entitled to make in line with its policy and there is no sign of fault in the way it was made. We are not an appeal body and we cannot question the merits of the Council’s decisions where, as here, there is no sign of fault in the way it was reached.
10. I note Mrs X says she pays Council Tax for her bins to be emptied and is not receiving this service. However, Council Tax is a local property tax rather than a service charge. Payment does not entitle a Council Tax payer to receive any particular service a council provides for its residents. The relevant policies still apply in order to receive services.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman