The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s policy to charge £20 for replacement bins. This is because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant would like.
The complaint
The complainant, whom I refer to as Ms X, complains about the Council’s policy to charge £20 for a replacement bin even if the resident is not responsible for the loss or damage. Ms X wants the Council to change its policy.
The Ombudsman’s role and powers
The Ombudsman investigates 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, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and bin policy. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
The Council charges £20 for new or replacement bins. This includes bins which have broken lids or handles due to wear or tear. The Council does not make a charge if a bin falls into the lorry. The charge covers the cost of assembly, administration and delivery. The charge is not dependent on the resident doing anything wrong.
Ms X says there are bins in the driveway of her flat which do not have lids. She says this is a health hazard. Ms X disagrees with the Council’s policy of charging £20 for a new bin. She says the charging policy is callous and takes no account of the individual needs of residents such as disability or income.
In response to her complaint the Council explained it introduced charges in 2018. It confirmed it does not offer any concessions and there would be a charge to replace a bin with a broken lid.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council’s advice that it would cost £20 to replace the bins is consistent with the policy.
We are not an appeal body and we have no power to change the bin charging policy or to tell the Council to change it. The Council, through its elected members, makes policy. If Ms X thinks the policy is wrong, or thinks there should be concessions for some people, then she could raise this as an issue with her local councillors. It is for the Council, not us, to decide whether to change the policy.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and we could not achieve the outcome Ms X would like.
Investigator's decision on behalf of the Ombudsman