Summary: We will not investigate this complaint about the Council’s decision that the complainant must pay for a replacement bin. This is because there is insufficient evidence of fault and injustice.

The complaint

1. The complainant, Ms X, complains the Council will not provide a free replacement bin. Ms X says the bin was damaged during the collection.

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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 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 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))

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How I considered this complaint

3. I considered information provided by Ms X. This includes the complaint correspondence and a photograph of the bin. I also considered information provided by on the Council’s website and our Assessment Code.

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My assessment

4. The Council’s policy is to charge for replacement bins unless the bin was damaged during the collection or fell into the lorry. The charge for a new bin is £31. The Council says split bins are usually caused by wear and tear rather than by a specific incident during collection.
5. Ms X’s bin is damaged. I have seen a photograph and the bin appears to be split. Ms X asked the Council to provide a new bin for free; Ms X alleges the bin was damaged during the collection. Ms X says she did not damage the bin and should not have to pay for a replacement.
6. The Council said Ms X would have to pay for a new bin as there is no evidence the bin was damaged during the collection and the crew had not reported any issues.
7. I will not start an investigate because there is insufficient evidence of fault by the Council. The policy says people must pay for replacement bins unless the bin was damaged during the collection. I appreciate Ms X thinks the bin was damaged during the collection but, in the absence of any evidence to support this view, we could not ask the Council to provide a free bin. In addition, I have considered the photograph of the bin, which looks split, so it may be the bin simply failed due to wear and tear.
8. I also will not investigate this complaint because a dispute over £31 does not represent a level of injustice which requires an investigation.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault and injustice

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Investigator's decision on behalf of the Ombudsman