Summary: We will not investigate Mrs X’s complaint that the Council’s waste collection service damaged her bin. This is because there is insufficient evidence of fault, and Mrs X’s claimed injustice is not significant enough to warrant an investigation.

The complaint

1. Mrs X complained the Council damaged her waste bin during a collection.
2. Mrs X said the matter caused her frustration.
3. Mrs X wants the Council to replace her bin free of charge.

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The Ombudsman’s role and powers

4. 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))

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How I considered this complaint

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

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My assessment

7. We will not investigate Mrs X’s complaint about damage to her bin. The bin is 11 years old, and the Council explained the typical lifespan of a bin of this type is 10 years. The bin has reached the end of its serviceable life. The law says the Council can charge for replacement bins. The Council explained this to Mrs X. There is insufficient evidence of fault to warrant an investigation by the Ombudsman, and we will not investigate this complaint.
8. In any case, Mrs X’s claimed injustice is not significant enough to warrant an investigation. The cost of a replacement bin is £50, with concessions for those on certain benefits. Therefore, any alleged injustice is not significant enough to warrant an investigation, and we will not investigate this complaint.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault and the claimed injustice is not significant enough to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman