Summary: We will not investigate Ms X’s complaint about the Council’s decision to charge her to replace her damaged bin. There is insufficient evidence of fault by the Council to warrant an investigation by the Ombudsman.

The complaint

1. Ms X complained about the Council’s decision to charge her to replace her damaged bin.
2. Ms X said the matter caused her distress.

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The Ombudsman’s role and powers

3. 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)

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How I considered this complaint

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

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My assessment

6. Ms X complained her bin was damaged. In its complaint response, the Council informed Ms X it was its policy to charge for replacement bins. There is no evidence the Council damaged Ms X’s bin.
7. We will not investigate this complaint because there is insufficient evidence of fault by the Council to warrant our involvement.
8. The law says the Council can charge residents for replacement bins. The Council’s charge of £35.50 for a replacement bin is not excessive. It is open to Ms X to pay the Council for the replacement bin if she wishes to continue using the service.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman