The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the charge for a replacement green waste bin. This is because there is no sign of fault by the Council.
The complaint
The complainant, whom I shall call Mrs X, complains about the Council’s decision she will need to pay the £30 charge if she would like a replacement green waste bin.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, (Local Government Act 1974, section 24A(6)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
I considered information on the Council’s website.
My assessment
Mrs X recently moved to a new home in the Council’s area. Mrs X asked the Council to provide a replacement green waste bin because hers was damaged.
The Council told Mrs X there was a £30 charge which included the bin and delivery.
Mrs X complained to the Council about the charge. She said it was not reasonable because she is a new resident and she did not cause the damage to the bin.
In response, the Council explained it does not replace bins free of charge unless it is damaged and reported by the crew. It said the crew had not reported any damage to the bin after collection and in these circumstances the charge applied.
Mrs X says she is worried the issue could cause problems with her neighbours because her garden waste gets blown out of the bin and onto neighbouring properties.
The Council’s policy on charging for replacement bins is published on its website. It states: ‘There is a charge for this service, unless: your bin only has a damaged lid or wheels that we are able to repair; the bin is reported as damaged by our operatives; it is the first bin allocated as part of any service change – we will tell you when we change our service; the bin is being exchanged for a bigger bin because you qualify as a larger family.’
Whilst I acknowledge Mrs X is unhappy with the charge for a replacement bin there is no sign of fault by the Council here. The Council’s criteria for charging for a replacement bin is clearly published and explained on its website. The Council has decided Mrs X’s request in line with the published criteria. We are not an appeal body, and whilst Mrs X disagrees with the Council’s decision it is not our role to question the merits of a council’s decisions where there is no sign of fault in the way it was reached.
Final decision
We will not investigate Mrs X’s complaint. This is because there is no sign of fault by the Council as it considered Mrs X’s request in line with its policy on charging for replacement bins.
Investigator's decision on behalf of the Ombudsman