Summary: We will not investigate Mr X’s complaint about the Council’s decision he will 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. Mr X complains about the Council’s decision not to provide a free replacement bin.

Back to top

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 or continue 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))
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X asked the Council to provide him with a new refuse bin after he moved to a new property and found the bin was damaged. The bin has no lid and so it fills with rainwater.
7. The Council told Mr X the damage was wear and tear and so he would need to pay for a new bin.
8. Mr X disagrees with the Council’s decision. He says he should not be required to pay for a new bin as he did not damage it. He says the previous occupants should be asked to pay for the bin to be replaced.
9. We will not investigate this complaint. This is because there is no sign of fault in the Council’s response to this matter. It explained the damage to the bin has been assessed as wear and tear and so Mr X will need to pay for a new bin. This decision is made in line with its published policy which states that where a bin is damaged during normal use (wear and tear) a charge will apply for a replacement. The previous occupants are not required to purchase a new bin for the next occupant.
10. 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 has considered and responded to Mr X’s request in line with its published policy. Whilst Mr X disagrees with the decision there is no sign of fault in the way it was made and so we cannot consider it. The Council’s decision is one it is entitled to make.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman