The Ombudsman's final decision
Summary: We will not investigate this complaint about a delivery charge for a new bin. This is because there is insufficient evidence of fault and injustice.
The complaint
The complainant, whom I refer to as Mr X, complains about a £30 delivery charge for a bin for his new-build home. Mr X wants the Council to provide a free bin or allow him to collect the bin and avoid the charge.
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 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))
How I considered this complaint
I considered information provided by Mr X. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Mr X moved into a new-build property. There was no bin so he asked for one from the Council. The Council said there is a £30 delivery charge. Alternatively, it said Mr X could use bin bags. It explained housing developers sometimes provide bins for new builds but it is discretionary. The Council said it introduced charges in 2010 and the current charge was set in 2014.
Mr X offered to collect the bin. The Council said the bins are stored at an un-staffed depot and it is not possible for people to collect bins.
Mr X says it is unfair that he should have to pay for a bin for a new-build property. He does not think bags are a realistic alternative due to vermin and having nowhere to store waste between collections.
I will not start an investigation because there is insufficient evidence of fault by the Council. Councils are allowed to make a charge. Mr X objects to the charge and the Council offered the use of bin bags as an alternative. I appreciate Mr X does not think bags are a viable option but the suggestion does not indicate fault. In addition the Council has explained why Mr X cannot collect a bin.
I also will not investigate this complaint because there is insufficient evidence of injustice. I acknowledge Mr X thinks the charge is unfair but a dispute over £30 does not represent sufficient injustice to require an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault and injustice.
Investigator's decision on behalf of the Ombudsman