Summary: Mrs X complained the Council does not return her communal bin to the collection point and she is unable to collect it. She also complained the Council has not been collecting her recycling bin. Mrs X says this has caused distress and she is unable to move the bin herself. There was fault in the way the Council has failed to consider its responsibilities under the equality act to support Mrs X. The Council has agreed to pay £150 to Mrs X and consider its responsibilities under the equality act to make reasonable adjustments.

The complaint

1. Mrs X complained the Council does not return her communal bin to the collection point and she is unable to collect it. She also complained the Council has not been collecting her recycling bin. Mrs X says this has caused distress and she is unable to move the bin herself.

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What I have investigated

2. I have investigated the part of Mrs X’s complaint about how the Council collects her waste and returns the bins to the storage area. The final section of this statement contains my reasons for not investigating the rest of the complaint.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
5. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)

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How I considered this complaint

6. I read Mrs X’s complaint and spoke to her about it on the phone.
7. I considered information provided by Mrs X and the Council.
8. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

9. Councils have a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in their area. The collections do not have to be weekly and councils can decide the type of bins or boxes people must use.
10. The Equality Act 2010 provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It offers protection, in employment, education, the provision of goods and services, housing, transport and the carrying out of public functions.
11. The reasonable adjustment duty is set out in the Equality Act 2010 and applies to anybody which carries out a public function. It aims to make sure that a disabled person can use a service as close as it is reasonably possible to get to the standard usually offered to non-disabled people.
12. Service providers are under a positive and proactive duty to take steps to remove or prevent obstacles to accessing their service. If the adjustments are reasonable, they must make them.

What happened

13. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
14. Mrs X lives in a flat serviced by communal bins. Mrs X has a mobility disability and must rely on others to take her household waste to the communal bins for the block of flats. Household waste bins are stored between the blocks of flats and recycling bins are stored next to a footpath between the blocks.
15. Mrs X complained to the Council in May 2022. She complained the Council did not empty the communal recycling bin for three weeks and the collectors did not return any of the communal bins to the correct location, next to her block of flats.
16. The Council responded to Mrs X’s complaint in June. The Council confirmed it would instruct the collection crews to return the bins to the correct position. It stated it would monitor the situation to ensure the bins were returned and apologised to Mrs X. This response did not address the issue regarding not emptying the recycling.
17. Mrs X requested the Council escalate her complaint. She said the bins were not returned again after the complaint response. Mrs X informed the Council she was disabled and a neighbour in her block was also disabled. Mrs X explained she cannot move the communal bins or walk to where the Council left them.
18. The Council responded to the stage two complaint in July. The Council stated the footpath was less than two metres wide and does not allow the crews to safely move the communal bins. It stated moving the bins on the small path was a health and safety issue. The Council also stated crews were not expected to move the bins more than ten metres. The Council stated an officer visited the flats and identified a new site where the bins could be stored. The Council stated Mrs X should not be expected to take her waste more than 25 metres from her front door. It stated it would complete the work when it was agreed.
19. Mrs X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mrs X would like the Council to put the bins back and collect the recycling.
20. In response to my enquiries the Council stated its contractor had missed the recycling collections because the bins were contaminated with items that could not be recycled. It said the bins had been collected by a general waste collection within four days. The Council confirmed it does not inform the residents if the recycling is contaminated, a household waste crew is sent to collect it.
21. The Council held a meeting at the flats at the start of November to discuss creating a new hardstanding where the bins could be stored. It confirmed the new location was nearly 50 metres from Mrs X’s front door. It was not able to provide minutes of the meeting, did not consult with residents and could not evidence it had considered the residents ability to use the new location.

My findings

22. The Council collected the missed recycling collections after it decided the bin was contaminated with non-recyclable waste. There is no evidence of fault.
23. The Council does not inform residents if non-recyclable waste is put in the recycling bins. The Council could place a label on the communal bin to inform residents why it was not collected and avoid potential future complaints.
24. The Council stated it would ensure the bins were put back in the correct location and monitor the situation. It has not done this. This is fault and has caused ongoing frustration for Mrs X.
25. The Council only visited to look at the issues in this case when the Ombudsman became involved. This delay is fault.
26. The Council has now identified a space to create a hardstanding to store the large communal bins. The Council has not evidenced it has considered residents ability to take their rubbish to the new storage area. Mrs X will need to take her waste nearly 50 metres from her front door despite the Council saying she should not have to take rubbish more than 25 metres. The Equality Act places a duty on the Council to make reasonable adjustments to meet a person’s needs if they have a disability. The Council has not evidence it has considered its duty under this act. This is fault.
27. The Council has said it does not provide assisted collections to people living in flats, but this response does not meet its duty set out in the Equality Act. We would expect the Council to consider making alternative arrangements to meet Mrs X’s needs. Not considering alternative arrangements is fault and has caused Mrs X an injustice.

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Agreed action

28. To remedy the outstanding injustice caused to Mrs X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of my final decision:
• Apologise to Mrs X for not ensuring her bins are returned to the correct location.
• Pay Mrs X £150 as an acknowledgement of the frustrations and delay in this case.
• The Council needs to consider its responsibility under the Equality Act to make reasonable adjustments for Mrs X to ensure her waste is disposed of.
• Prepare a briefing for relevant staff on the Equality Act, the public sector equality duty, and the need to consider and make reasonable adjustments.
29. The Council should provide evidence of the actions taken to satisfy the recommendations.

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Final decision

30. I have completed my investigation. I have found fault by the Council, which caused injustice to Mrs X.

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Parts of the complaint that I did not investigate

31. I have not investigated the lack of consultation with residents about moving the storage location of the bin. This is because consultations about changes to location are to be completed by the housing department and fall outside of the jurisdiction of the Ombudsman.

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Investigator's decision on behalf of the Ombudsman