The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about being charged to replace a damaged recycling bin. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
The complainant, Mrs X, complains about the Council’s decision that a charge will apply for a replacement recycling bin after hers was damaged. Mrs X says the bin was presented for collection in working order but when she returned home after the collection it was damaged and the bin lid no longer functions. Mrs X believes the bin was damaged during the collection.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council about its decision she would need to pay for a replacement recycling bin after hers was damaged.
The Council explained its policy, in place since 2020 and published on its website, is to charge for all replacement bins, except where a bin has been damaged by the collection crew. There are exemptions for those on means tested benefits.
It confirmed there was no report by the collection team of Mrs X’s bin being damaged during the collection and it concluded the damage was caused by general wear and tear. Where this is the case the charge for a replacement bin applies.
We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. The Council is acting in line with its published policy on bin charges. Whilst I note Mrs X believes the bin was damaged by the crew no evidence has been provided to support this view. It is also possible the damage was caused by wear and tear. We are not an appeal body and it is not our role to question the Council’s decisions where, as here, there is no sign of fault in the way in which it was reached.
Final decision
We will not investigate Mrs X’s complaint because there is no sign of fault by the Council. The charge for a replacement bin is being applied in line with its published policy.
Investigator's decision on behalf of the Ombudsman