Royal Borough of Kingston upon Thames (25 004 086)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 16 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s poor communication regarding a policy change to charge for replacement bins. This is because Miss X was not caused a significant injustice.
The complaint
- Miss X complained the Council failed to inform her of a change in its policy regarding bin charges. Miss X also complained about the Council’s complaints process.
- Miss X said the matter caused her frustration and financial disadvantage.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council decided to introduce a charge for replacement waste containers from April 2025. Miss X said if she had known the charges were to be implemented, she would have applied earlier under the old policy to obtain the bins for free.
Analysis
- We will not investigate Miss X’s complaint that the Council failed to inform her about a change in its policy to charge for replacement waste containers.
- The law allows the Council to charge for replacement waste containers.
- The Council charges £23 for a standard replacement “wheelie bin” plus a £19 administrative charge. If Miss X replaces all three bins, this would be a total of £69, plus the £19 admin fee. This is a total £88 charge for replacement bins.
- Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
- Because the cost of the replacement bins is minimal Miss X has not been caused a significant injustice to warrant our involvement, and we will not investigate this complaint.
- Miss X also complained about the Council’s complaints process. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we will not investigate this complaint.
Final decision
- We will not investigate Miss X’s complaint because the claimed injustice is not significant enough to warrant our involvement.
Investigator's decision on behalf of the Ombudsman