Cumberland Council (25 009 502)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 04 Nov 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint the Council refused to replace a missing garden waste bin. Any injustice is not significant enough to justify our involvement.

The complaint

  1. Mr X complained the Council failed to replace his garden waste bin after it went missing following a collection. He said the Council instead said he needed to pay £40 for a new green waste bin.
  2. Mr X also complained the Council has decided to charge where people have more than one garden waste bin. Mr X said that has put him at further financial disadvantage, as he needs two bins as he has a large garden. He wants the Council to replace his bin.

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The Ombudsman’s role and powers

  1. 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))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. 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.
  2. We will not investigate Mr X’s complaint about his missing garden waste bin, or the Council’s decision to introduce a charge for a second garden waste bin. That is because any injustice is not significant enough to justify our involvement.

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Final decision

  1. We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman

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