The Ombudsman's final decision
Summary: We will not investigate this complaint about a faded bin lid. This is because there is insufficient evidence of fault causing injustice.
The complaint
The complainant, Mr X, complains the Council gave him a new bin with a faded lid. Mr X is concerned this will affect the longevity of the bin. Mr X wants a new 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 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 fault has not caused injustice to the person who complained, 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 and the Council. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
Mr X ordered, and paid for, a new red bin. The new bin had a distorted lid and would not close so Mr X asked the Council for a new one.
The Council delivered a new bin. Mr X complained the lid of the new bin was faded and was more orange than red. Mr X suggested the bin had been left outside and this might affect the longevity of the bin.
The Council apologised for any inconvenience. It explained the bins are stored outside prior to delivery. It said the bins are new although they may not look pristine.
Mr X is dissatisfied with the response and wants a new bin with an unfaded lid.
The Council told me it has stored new bins outside since 2014. They are stored in stacks and the top bin has the most exposure to the weather. The Council said it has not received any reports regarding the longevity of the bins.
I will not investigate this complaint because there is insufficient evidence of fault leading to injustice. The Council delivered a replacement bin because there was a fault with the first one. The second bin has a faded lid but there is no evidence the Council’s storage practice affects the longevity of the bins. Many people store their bins outside and they are designed to withstand the weather. I appreciate Mr X would prefer a non-faded lid but there is nothing to suggest fault by the Council and a faded lid does not represent a level of injustice requiring an investigation.
If the bin breaks, in a period which Mr X thinks is premature, he could make a new complaint to the Council.
Final decision
We will not start an investigation because there is insufficient evidence of fault by the Council causing injustice.
Investigator's decision on behalf of the Ombudsman