The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a lost refuse bin. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I shall call Mr X, complains he had to pay £40 to replace a lost bin which he believes was deposited into the refuse collection vehicle during a collection. He also complains the Council has not provided him with the CCTV footage of the collection.
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 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) We do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, 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.
My assessment
Mr X’s refuse bin went missing and he had to pay £40 for a replacement.
Mr X complained to the Council because he believed his bin was deposited into the refuse collection vehicle during the collection.
The Council viewed the footage of the collection. It found no evidence to support Mr X‘s view that the bin had been deposited into the vehicle. It explained that its policy, since 2016, has been to charge £40 for replacement bins and this charge applies regardless of whether the bin was lost, damaged or stolen.
Mr X asked the Council to provide him with the footage of the collection. The Council explained it was not the data controller of the footage and so it could not provide it. It is the contractor’s footage.
We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. Mr X has been charged for a new bin in line with the Council’s policy which has been in place since 2016 and which is clearly published on its website.
The Council investigated Mr X’s complaint that the bin may have been lost into the vehicle however it found no evidence to support this view. It has explained it is not the data controller for the footage and so it is not the Council’s footage to share. It was open to Mr X to request the footage from the contractor.
Final decision
We will not investigate Mr X’s complaint because there is no sign of fault by the Council.
Investigator's decision on behalf of the Ombudsman