Summary: We will not investigate Mrs X’s complaint about the Council’s decision she needs to pay for delivery of a new refuse bin. 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 £31 for delivery of a new refuse bin after hers was damaged during a collection. Mrs X says she purchased the bin herself when she moved to the property seven years ago and she cannot afford to pay for delivery of a new bin.

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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 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))
4. 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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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 that, in line with its policy, it charges for delivery of new bins when a bin is more than five years old. Its policy states: “If your bin is damaged and less than five years old, we’ll replace it free of charge…If your bin is more than five years old you need to pay for a new one, even if you think it was damaged when it was being emptied.”
9. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It is applying the charge in line with its published policy. As Mrs X’s bin is more than five years old the £31 delivery charge applies for a new bin.
10. We are not an appeal body. Our role is not to ask whether we agree with the Council’s decision. Instead, we look at whether there was fault in how it made its decision. If, as here, we decide there was no fault in how it made its decision we cannot consider it regardless of whether Mrs X disagrees with it.

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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 to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman