Summary: We will not investigate Mr B’s complaint about the Council charging him for a replacement bin. This is because it is unlikely an investigation would achieve a meaningful outcome and Mr B has not suffered a serious injustice which would justify an investigation.

The complaint

1. Mr B complains his bin was damaged during collection but the Council says he must pay for a replacement bin.

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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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.

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How I considered this complaint

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

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My assessment

6. Mr B considers the damage to his bin was caused by the mechanical device in the Council’s refuse vehicle. The Council says the damage was caused by natural wear and tear. The Council says in such circumstances the resident is responsible for paying for a new bin.
7. It is highly unlikely an investigation would allow us to make sound findings about the cause of the damage to Mr B’s bin. And, the £34 fee for the delivery of a new bin is relatively modest. I find Mr B has not suffered a serious or significant injustice which would justify public money being spent on an investigation.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because it is unlikely an investigation would achieve a meaningful outcome. And, Mr B has not suffered a serious injustice which would justify an investigation.

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Investigator's decision on behalf of the Ombudsman