Summary: We will not investigate Miss X’s complaint about the Council’s decision she would need to pay for a replacement bin. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Miss X complains about the Council’s decision she will need to pay for a replacement recycling bin despite it already being damaged when she moved to the property. Miss X says she is being penalised as a new resident; the Council applied its policy unfairly and did not apply its discretion.

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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 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)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained to the Council about its decision she would need to pay for a replacement recycling bin.
8. The Council’s bin replacement policy states that if a bin is damaged during a collection, the Council will replace it. Any other damage or damage due to wear and tear will require a replacement bin for which there is a charge. The charge is £55 for a recycling bin unless a resident is in receipt of certain benefits.
9. The Council told Miss X its policy is to charge for all replacement bins unless it is reported as damaged during a collection. A charge applies for bins that are damaged via general wear and tear. It confirmed there had been no report that Miss X’s bin was damaged during a collection as so the fee applies.
10. Miss X asked the Council its review its decision as the bin was already damaged when she moved to the property. The Council confirmed its decision that the charge applied and explained its reasons.
11. We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. Whilst I acknowledge Miss X is dissatisfied with the Council's decision it is one it is entitled to make, in line with its policy, and there is no sign of fault in the way it was made. Even though the bin was damaged when Miss X moved to the property, the charge for a replacement still applies as it was not recorded as damaged by the crew. As set out in the Council’s response, the bin could also have been damaged by the previous resident or due to general wear and tear. In either of those cases the charge still applies.
12. We are not an appeal body. This means we do not take a second look at the Council’s decision to decide if it was wrong. Instead, we look at the processes it followed to make its decision. In this case it decided the matter in line with its published policy and clearly explained its decision and why it did not meet the criteria for provision of a free replacement bin. It is a decision the Council is entitled to make. It does not warrant a further investigation by this office.

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Final decision

13. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council here to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman