Summary: We will not investigate Mr X’s complaint about a lost refuse bin and the charge for a replacement bin. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, whom I shall call Mr X, complains his refuse bin went missing after a scheduled refuse collection. He says his bin was lost due to the Council’s negligence and so he should not have to pay for a replacement bin.

Back to top

The Ombudsman’s role and powers

2. 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)
3. 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))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered information on the Council’s website about charges for replacement bins.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X’s refuse bin went missing following a scheduled refuse collection. Mr X says the bin was lost due to the Council’s negligence. He complained to the Council about having to pay for a replacement bin.
8. The Council investigated. It explained there was no CCTV footage of the collection that day for it to consider; the crew did not report any issue with Mr X’s bin following collection and it had not been provided with any evidence to suggest the bin had been lost by the crew. It invited Mr X to provide any evidence he has to support his view the bin was lost by staff so that it could consider it. It explained that without such evidence being provided the charge for a replacement bin would apply.
9. The Council’s policy on charging for replacement bins is published on its website. This states that where a bin is lost or stolen residents will need to purchase a replacement bin. There are some circumstances where the Council will replace a bin for free. These are if a bin:
• has fallen into the back of the collection vehicle and the crew have reported this;
• has been damaged by a deliberate act of the crew (for example the bin has been thrown);
• is a black and orange food bin.

It states that if a resident feels the crew has broken the bin or they were at fault then the resident needs to provide the Council with evidence about how this happened. If no evidence is available or provided then the resident will be required to purchase a replacement bin.

10. There is no sign of fault by the Council here as it has acted in line with its published charging criteria for replacement bins as set out above. It is open to Mr X to provide the Council with any evidence he has to support his view that the bin was lost due to the Council’s negligence so that it can investigate and consider it. We cannot decide whether the Council was negligent as negligence is a legal matter for the courts to consider and decide.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because there is no sign of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman