Summary: We will not investigate Mr X’s complaint about the Council charging him for a replacement bin and the Council’s policy for damaged bins. There is no evidence of Mr X suffering a significant injustice which would warrant our involvement.

The complaint

1. Mr X complained the Council told him he would have to pay for a replacement bin, after his was broken during a collection.
2. Mr X also complained the Council does not have a formal policy for damaged bins and so it was wrong to charge him for a replacement bin.
3. Mr X said the matters caused hygiene issues due to his damaged bin, and distress.

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The Ombudsman’s role and powers

4. 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

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. During a bin collection, the lid of Mr X’s bin fell off into the back of the bin lorry.
8. Mr X contacted the Council and requested a replacement bin. It told him it believed the damage was due to wear and tear and therefore he needed to pay £33.50 for a replacement bin.
9. Mr X complained there was no part of the Council’s policy to outline residents must pay for a replacement bin when their bin is damaged due to wear and tear. Therefore, Mr X requested a free replacement.
10. 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.
11. There is no evidence to suggest Mr X has suffered a significant enough injustice here, which would meet the threshold for a full Ombudsman investigation, either because of the charge for a new bin, or due to concerns over the Council’s policy.
12. For this reason, we will not investigate this complaint.

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Final decision

13. We will not investigate Mr X’s complaint because there is no evidence of him suffering a significant enough injustice to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman