Summary: We will not investigate this complaint about the Council’s decision to charge Mr X for a new recycling bin. This is because we have decided any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X said the Council damaged his bin during a collection, and it applied a charge for a replacement. He said the Council failed to consider the circumstances of the damage and rigidly applied its policy. He wants the Council to cancel the charge.

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The Ombudsman’s role and powers

2. People may complain to us about injustice caused by:
• ‘maladministration’ and ‘service failure’ by a public organisation we could investigate; or
• the actions of an organisation in connection with privately arranged adult social care.

(Local Government Act 1974, section 26A(1) or section 34C(1)(a)).

3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), or section 34B(8)).
4. We will not normally investigate complaint handling if we are not investigating the rest of the complaint. This is because there is not usually enough injustice to justify us doing so. We collect information about particularly poor complaint handling practice and report this back to organisations. (Local Government Act 1974, section 24A(6), or section 34B(8)).

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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. Mr X complained that the Council charged him for a new recycling bin after its lid fell off during a collection. He said the damage occurred during the collection, but the Council’s complaint response said the lid had fallen off because of its general condition, not because of any fault by the collection crew. The Council charges £12 for a replacement recycling bin.
8. The law means we can choose only to investigate a complaint where the person has suffered serious loss, harm, or distress as a direct result of faults or failures by the body complained about. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
9. I recognise the circumstances of X’s complaint have affected them, but this is not significant enough to warrant us investigating.

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Final decision

10. We will not investigate this complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman