Summary: We will not investigate Mrs B’s complaint that the Council wrongly expects her to pay for a new bin after her bin was damaged by refuse collectors. This is because an investigation is unlikely to achieve a meaningful outcome or be a good use of our limited resources.

The complaint

1. Mrs B complains her bin was damaged by refuse collectors during collection but the Council says she must pay for a replacement bin. Mrs B says the Council has believed the refuse collectors but not her and she feels she has been treated as a liar. Mrs B would like the Council to provide a replacement bin at no cost and to apologise.

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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 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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs B and information on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. It is the Council’s policy to charge a resident for a replacement bin unless the damage is caused by the collection crew. The charge for a new general waste bin is £45. If a person receives certain benefits they may be able to get a new bin free of charge.
6. The Council says the collection crew did not report any damage to Mrs B’s bin so the damage was most likely caused by general wear and tear. The Council says this means Mrs B must pay for a replacement bin.
7. Mrs B says she reported the damage on the day of collection and she does not consider it was caused by wear and tear.
8. It is highly unlikely an investigation would allow us to make sound findings about whether Mrs B’s bin was damaged as a result of general wear and tear or because of mishandling by refuse collectors. Also, we have limited resources and must use public money carefully. The charge for a replacement bin is relatively modest and does not justify public money being spent on an investigation by the Ombudsman.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mrs B’s complaint because an investigation is unlikely to achieve a meaningful outcome or be a good use of our limited resources.

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Investigator's decision on behalf of the Ombudsman