Cheshire East Council (25 006 195)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 17 Aug 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council delayed delivering a replacement garden waste bin and refused to refund part of its service charge. This is because the claimed injustice is not significant enough to warrant an investigation by the Ombudsman.
The complaint
- Mr X complained the Council:
- failed to replace his garden waste bin in a timely manner after its waste collection service damaged his existing bin; and
- failed to refund him the cost of three missed collections in line with its terms and conditions.
- Mr X said the matter caused him frustration and time and trouble to resolve.
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 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 or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
Background
- Mr X pays for a garden waste collection service from the Council.
- In April 2025 his garden waste bin was damaged during collection. Mr X informed the Council of the damage and requested a replacement bin.
- Six weeks later in early June 2025 the Council delivered a new bin to Mr X.
- Mr X complained to the Council. He said due to the delay in providing a new bin he had missed out on three garden waste collections. Mr X said the Council’s terms and conditions entitle him to a refund of 3/24 of the subscription cost he paid – a total of £7.37.
Analysis
- We will not investigate Mr X’s complaint. 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.
- Mr X’s claimed injustice of three lost garden waste collections and his view he should be refunded £7.37 is not significant enough to warrant an investigation by the Ombudsman. Consequently, we will not investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because the claimed injustice is not significant enough to warrant an investigation.
Investigator's decision on behalf of the Ombudsman