Summary: We will not investigate Mr X’s complaint about the Council’s refuse team damaging his bin during a collection. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complained the Council’s refuse team damaged his bin during a collection and that the Council has said he will need to pay for a new bin. The matter caused Mr X frustration. Mr X wants the Council to replace his bin without charging him. He also wants the Council to provide him with a refund for his annual subscription fee he has paid for his waste collection service.

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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 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X said during a collection, the Council’s refuse team damaged his bin. Mr X said he contacted the Council immediately after discovering the damage and requested a replacement bin. The Council responded to Mr X and said it had no evidence its refuse team had damaged his bin. He would therefore be responsible for paying for a replacement bin.
6. Mr X said since then, he has not been able to use his bin. Instead, he has had to take his waste to the local refuse centre. He said he has paid an annual subscription fee for his waste collection service which he cannot use.
7. We will not investigate Mr X’s complaint. This is because there is insufficient evidence to establish when or how the bin was damaged or that it was caused by the Council’s refuse team. Although Mr X believes the damage occurred during a collection, this alone does not establish the Council was at fault. We therefore would not expect the Council to provide Mr X with a free replacement bin or provide him with a refund of his subscription fee.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman