Cheshire East Council (25 024 569)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 15 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council charged him to replace a wheelie bin he said it damaged during a collection because the claimed injustice is not significant enough to warrant our involvement.
The complaint
- Mr X complained the Council:
- damaged his bin during a collection and charged him for a replacement; and
- failed to process his complaint in line with its complaints policy.
- Mr X said the matter caused him frustration and time and trouble.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
Charge for replacement bin
- We will not investigate Mr X’s complaint that the Council damaged his bin and charged him for a replacement.
- 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.
- The cost of a replacement bin is less than £40. Mr X has not been caused a significant enough injustice to warrant an investigation by the Ombudsman.
Complaints handling
- It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.
Final decision
- We will not investigate Mr X’s complaint because the tests in our Assessment Code are not met.
Investigator's decision on behalf of the Ombudsman