Cheshire East Council (25 010 767)
Category : Environment and regulation > Refuse and recycling
Decision : Upheld
Decision date : 03 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council refusing to replace a damaged garden waste bin. We are satisfied with the action the Council has now proposed to address the matter.
The complaint
- Miss X complains her new garden waste bin was significantly damaged by the Council’s refuse lorry when it was first used. This makes it difficult to move the bin, and has reduced its capacity.
- Miss X says the Council failed to properly consider her complaint and has refused to provide a free replacement bin.
The Ombudsman’s role and powers
- We can investigate complaints about ‘maladministration’ and ‘service failure’. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposed to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered:
- information provided by Miss X.
- information provided by the Council in response to our enquiries.
- the Ombudsman’s Assessment Code.
My assessment
- In response to our enquiries, the Council has explained the service initially assessed the damage as normal wear and tear, as it appeared consistent with the routine mechanical process of emptying the bin. As such, the collection crew would not typically record this type of damage, as it was not the result of mishandling or improper operation by the crew. However, upon further review, it has been identified that a key aspect of the complaint was underappreciated. As the bin was newly issued, this level of damage should not reasonably have occurred through normal collection activity. In light of this, the Council acknowledges its initial assessment was incomplete. It has therefore offered to provide a replacement bin free of charge.
- The offer to provide a replacement bin is a satisfactory way to address the complaint, so the Ombudsman will not start an investigation.
Final decision
- We will not investigate Miss X’s complaint because we are satisfied with the action the Council has now proposed to address the matter.
Investigator's decision on behalf of the Ombudsman