Summary: We will not investigate Miss X’s complaint about the Council’s decision she needs to pay for a replacement refuse bin after hers was stolen. This is because the matter has not caused Miss X a significant personal injustice which is serious enough to warrant an investigation.

The complaint

1. The complainant, Miss X, complains about the Council’s decision she needs to pay for a replacement refuse bin after hers was stolen. Miss X says the refuse collectors left her bin a few doors away and it was later stolen.

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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 provide a free service, but must use public money carefully. We do not start 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complains about the Council’s decision that she needs to pay for a new replacement refuse bin after hers was stolen. Miss X said it was the Council’s fault her bin was stolen because it was left a few doors away from her home following a collection. A replacement bin currently costs just under £40.
7. The Council’s policy on charging for replacement bins is published on its website. It states “ You may need to buy a new bin if:
• your bin is damaged beyond repair (it is cracked or has a hole in it)
• your bin has been stolen or gone missing;
• you have moved into the property and do not have any bins.”
8. We will not investigate Miss X’s complaint. This is because the matter complained about has not caused Miss X a significant personal injustice which is serious enough to warrant an investigation. We do not investigate every complaint we receive and we must focus our limited public resources on considering those complaints where a person has suffered a significant personal injustice as a result of claimed fault by a body in our jurisdiction. The cost of a replacement bin is relatively modest and so the claimed injustice to Miss X is not serious enough to justify the use of public money to carry out an investigation.

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Final decision

9. We will not investigate Miss X’s complaint because the injustice caused to Miss X is not serious enough to warrant the use of public money to carry out an investigation.

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Investigator's decision on behalf of the Ombudsman