The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint that the Council failed to replace her stolen bin following a collection. There is insufficient evidence of fault by the Council to warrant an investigation by the Ombudsman.
The complaint
Mrs X complained the Council failed to replace her waste bin after it was stolen following a collection.
Mrs X said the matter caused her frustration, distress and financial difficulties.
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. (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
Mrs X placed her bin out for collection. Following collection, persons unknown stole her bin. Mrs X asked the Council to replace the bin. The Council told Mrs X it would replace the bin for a charge in line with its policy as the loss of the bin was not due to any error on its part.
We will not investigate this complaint. We investigate administrative fault. The theft of Mrs X’s bin is a criminal matter. It is not the fault of the Council that the bin was stolen, and the Council explained it charges for stolen bins in line with its policy.
There is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman