The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to charge him for a replacement 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 about the Council’s decision to charge him for a replacement bin after his was damaged.
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. (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 complains about the Council’s decision not to provide him with a free replacement bin after his was damaged. Mr X asked the Council to provide a free replacement, saying his was damaged during a collection.
The Council told Mr X the refuse collectors had reported the bin was damaged on arrival and prior to the collection. It explained that in these circumstances a charge for a replacement bin applies as it was not damaged during a collection.
Information on the Council’s policy on bin charges is published on the Council’s website. This states that there may be a charge for replacement bins and that a charge will apply if it is damaged during normal use. There will be no charge if the bin is damaged during a collection.
We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. The Council has applied a charge for a new bin in line with its published policy as the bin was noted to be damaged prior to the collection. We are not an appeal body and it is not our role to question the Council’s decisions where, as here, there is no sign of fault in the way in which it was reached.
Final decision
We will not investigate Mr X’s complaint because there is no sign of fault by the Council. It has applied a charge for Mr X’s replacement bin in line with its published policy.
Investigator's decision on behalf of the Ombudsman