Summary: We will not investigate this complaint about the Council charging for a replacement bin. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council has told him the bin he has been using for four years is not a standard Council-issued bin, and he must pay £65 for a new bin. Mr B says his bin has not been damaged or lost, and he is entitled to a free standard Council-issued bin that was missing from his property when he bought it. Mr B would like the Council to provide a new bin free of charge, which is what the Council initially said it would do.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

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

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My assessment

5. There is not enough evidence of fault to justify an investigation.
6. Councils have a duty to collect household waste and recycling free of charge. Councils can decide the type of bins or boxes people must use and can charge residents for waste containers.
7. The Council says all refuse bins supplied by the Council are chargeable. The Council’s decision to charge Mr B for a new bin is in line with this policy. And, information on the Council’s website says a free replacement bin will only be provided if the bin is under 10 years old and was damaged during collection.
8. It is for each council to decide its policy on charging for waste containers. It is not our role to tell the Council it should not charge a resident in Mr B’s situation for a new bin.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate this complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman