The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council has charged him for a replacement bin. There is not enough evidence of fault and in any case any injustice is not significant enough to justify our involvement.
The complaint
Mr X complains a Council refuse vehicle damaged his bin and the Council has said he must 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: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council and said a refuse vehicle had damaged his bin. He was unhappy the Council had said it would charge him for a replacement. He sent photographs of his bin showing it had a split.
The Council responded and explained that the bins degraded over time and cracks and splits would occur as normal wear and tear. It referenced its policy which said it could charge for replacement bins. It said the photographs did not prove how the bin had been damaged.
We will not investigate this complaint as there is not enough evidence of fault. There is no evidence to show how the bin was damaged. The Council is entitled to charge for replacement bins. Furthermore, the cost of a replacement bin is less than £30. Therefore, any injustice to Mr X is not sufficient enough to warrant an investigation.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault and in any case any injustice is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman