The Ombudsman's final decision
Summary: We will not investigate this complaint about a charge for a replacement bin. This is because the Council will reconsider the complaint.
The complaint
The complainant, whom I refer to as Mr X, says the Council should provide a new replacement bin for free because it was damaged during the collection. Mr X wants the Council to refund the money he paid for a new bin.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and an update from the Council. I also considered our Assessment Code.
My assessment
Mr X’s bin was damaged – the lid came off. Mr X says the bin was damaged during the collection and says the crew reported the damage after the round. The Council says the damage is not consistent with damage caused during the emptying process and thinks the cause was wear and tear. The Council charges for new bins unless the damage was caused during collection.
Mr X paid for a new bin but wants a refund because he says the bin was damaged during collection.
In response to my enquiries the Council said it will reconsider the complaint and look again at whether damage was reported by the crew. If the Council upholds the complaint it will issue a refund; if not, Mr X can make a new complaint to us. This is an appropriate way forward because we cannot determine how the bin was damaged.
Final decision
We will not investigate this complaint because the Council will reconsider the complaint.
Investigator's decision on behalf of the Ombudsman