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

The complaint

1. Mrs X complains about the Council’s decision she would need to pay for a replacement bin after hers was damaged. Mrs X says she left the bin out for collection with the lid on but after the collection she found it was without a lid. The Council told Mrs X a charge applied for a replacement bin as the damage was due to wear and tear.

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 and information on the Council’s website about bin charges.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X complained to the Council about its decision she would need to pay for a replacement bin after hers was damaged.
7. The Council told Mrs X the damage to her bin was consistent with typical wear and tear and that in these circumstances a charge applies for a replacement bin.
8. The Council’s policy is to charge for replacement bins where the damage occurs in normal use. This is clearly stated on its website and has been its policy since 2018. If the bin is damaged by the crew it will note this and no charge will apply for a replacement. Residents who receive qualifying benefits can receive a 25% discount on the charge.
9. We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It has acted in line with its policy to charge for replacement bins in these circumstances. Whilst Mrs X is dissatisfied with the Council’s decision, it is one it is entitled to make.
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 process it followed to make its decision. The Council decided the matter in line with its published policy to charge where damage is caused by general use (wear and tear). There is no sign of fault in how it made its decision and so we cannot question it.

Back to top

Final decision

11. We will not investigate Mrs 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