The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council refusing to replace her broken bin free of charge. There is not enough significant personal injustice caused the matter complained about to warrant an investigation.
The complaint
Miss X complained the Council will not replace her broken household waste bin free of charge. Miss X is unhappy the Council says she will have to pay for a replacement.
The Ombudsman’s role and powers
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 or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to Miss X’s complaint the Council said the damage to her bin was not consistent with that caused by the emptying process. It said the damage could be due to wear and tear or impact with another source. The Council said Miss X would be liable for the cost of a replacement.
The Council’s decision to charge Miss X is consistent with its published policy. We will not therefore investigate her complaint. This is because the cost of a replacement bin is between £35 and £48, depending on the size chosen. This amount is not a personal injustice significant enough to Miss X to warrant us investigating.
In her complaint to the Ombudsman, Miss X also said the Council had not now emptied her bin. It is not clear if this is linked to the damage, but it is a new issue which needs to be addressed by the Council.
Final decision
We will not investigate Miss X’s complaint because the personal injustice is not significant enough to warrant an investigation.
Investigator's decision on behalf of the Ombudsman