Summary: Mr X complained the Council repeatedly failed to collect his household waste and recycling on the scheduled days or in a timely manner when collections were missed. He also complained he has not had an explanation for the missed collections or been notified by the Council of a change in presentation point for his bins. The Council’s failure to properly address the issue of restricted access and to ensure household waste and recycling could continue to be collected from Mr X’s street as scheduled is fault. As is the failure to communicate with residents regarding any changes to the waste collection service. This fault has caused Mr X an injustice.

The complaint

1. The complainant, whom I shall refer to as Mr X complained the Council repeatedly failed to collect his household waste and recycling on the scheduled days or in a timely manner when collections are missed.
2. He also complains he has not had an explanation for the missed collections or been notified by the Council of a change in presentation point for his bins. Mr X has been told by unofficially by the collection crew and neighbours that the missed collections are due to a dispute between the Council and the estate management, and that he now needs to present his bins for collection at the end of his road.

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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 an organisation’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)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by Mr X;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with Mr X; and
• Mr 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

Refuse and recycling collections

6. Councils have a duty under the Environmental Protection Act 1990 to arrange for the collection of household waste and recycling from properties in its area. The collections do not have to be weekly and councils can decide the type of bins or boxes people must use.
7. The Council's practice is to make a weekly household waste collection and a fortnightly recycling collection.
8. When a resident reports a missed collection, the depot will ask the crew to return to complete the round as soon as possible. When the Council has completed the collection, it closes the report.

What happened here

9. Mr X has lived in his property for many years and has always presented his bins for collection at the kerbside in front of his property. He complains that since the spring of 2022 the Council has repeatedly failed to collect his household waste and recycling from his property.
10. According to the Council’s records Mr X reported two missed household waste collections and a missed recycling collection. The reports are all closed which indicates the Council has since made the missed collections. However, the dates these reports were closed do not suggest the Council made the collections in a timely manner. The records also suggest the Council also missed other collections.
11. None of the reported missed collections were closed before or on the next scheduled collection date. Mr X reported a missed household waste collection on 25 March 2022 which the Council closed on 7 April 2022. There should have been two further collections during this period. The missed recycling collection reported on 25 March 2022 was not closed until 12 April 2022, a week after the next scheduled collection. And a further report of a missed household waste collection due on 14 June 2022 was not closed until 27 June 2022, almost a week after the next scheduled collection.
12. This suggests the Council was not making routine collections during this period. Had the Council made these scheduled collections it could have closed the reports sooner.
13. Seven other properties on Mr X’s street also reported missed collections in 2022. The Council has not provided details of the dates of these reports, or when they were closed.
14. In June 2022 Mr X made a formal complaint to the Council about the missed collections from his street. He complained their waste was left for between three and five weeks between collections and had only been collected four times in the last four months. Mr X said the collection vehicles no longer came down his street and his and his neighbours waste was collected on an ad hoc basis. When it was collected household waste and recycling were emptied into the same vehicle and not separated.
15. Mr X said the collection crew had told residents the missed collections were due to a dispute between the estate management and the Council regarding boulders on the verge. He questioned why any dispute had not been resolved as the build-up of uncollected waste on the street was not acceptable.
16. The Council’s response to Mr X’s complaint apologised for the missed collection in June 2022 and noted the previous reported missed collection was in March 2022. It suggested Mr X report every missed collection. The Council did not comment on any dispute with the estate management or offer an explanation for the missed collections.
17. Mr X was not satisfied with the Council’s response and made a further complaint in August 2022. He did not receive a response. In September 2022 he asked the Council to review his complaints. He was unhappy the Council had not responded to his concerns that the bins were no longer collected from the front of his property. He considered it unacceptable that residents had to drag their bins the length of the street for collection with no regard to their mobility, health or safety.
18. In addition he complained the Council had not responded to his queries regarding a dispute between the Council and the estate management which meant the collection vehicles would not enter his road. Mr X was disappointed and frustrated that changes had been made to their waste collections without any consultation or communication with the residents.
19. The Council reviewed Mr X’s complaint and confirmed it was satisfied with the way his original complaint was handled. The Council confirmed it had highlighted the issues to the Service Manager at the depot and asked that they speak to the collection crews ensure collections are carried out correctly. It also confirmed it would arrange monitoring of Mr X’s collections.
20. Mr X remained dissatisfied and wrote to the Council asking for more to be done. He asserted the Council had still not investigated his complaints about the bins no longer being collected from in front of individual properties and having to be moved to the end of the street. There is no record the Council responded to Mr X’s ongoing concerns.
21. Mr X says that on weeks when household waste and recycling are both due to be collected there are over 30 bins left on the corner of his street. He asserts this is unpleasant for the residents of properties on the corner and is a hazard for pedestrians and vehicles. In addition, Mr X states that collection vehicles do enter his street in order to collect the waste from flats that are accessed via gates on his street. He questions why vehicles can access the street to collect waste from the flats but not make kerbside collections.
22. In response to my enquiries the Council says the estate management made a decision a while ago to install boulders on verges on the estate. It states there are two reasons for the boulders, they are cosmetic, and are an attempt to prevent vehicles from fully accessing the road. This is in response to complaints about vehicle damage to grass verges and paved areas. The Council states the presence of the boulders had an impact on the scheduled collections from Mr X’s street.
23. The Council says vehicle access to Mr X’s street is severely restricted by the boulders and bin collections cannot be carried out kerbside. It says council officers have communicated with one of the residents who in turn has communicated with other residents on Mr X’s street. The residents have discussed the issue and decided between themselves to create a new presentation point. Since doing so regular collections have been taking place.
24. The Council accepts it should have set up a new presentation point and engaged with residents rather than residents needing to take the decision into their own hands. It says that if the boulders are removed or re-sited kerb-side collection could resume.
25. In addition, the Council acknowledges that although it told Mr X his collections would be monitored it did not set up this up.
26. In response to the draft decision, Mr X has reiterated that collection vehicles can, and do still access his street in order to collect refuse from flats that are accessed via gates on his street. He asserts that this demonstrates the Council can and should carry out kerbside collections.

Analysis

27. It is clear from the documentation that there have been failings in the waste collection service provided to Mr X and his neighbours.
28. The Council has not provided any details of it communication with the estate management regarding the boulders installed on the verges. However it is clear it has known, or should have known, of these boulders and their impact on the waste collections from Mr X’s street.
29. Mr X may only have reported a few missed collections, but we would expect the collections crews to notify senior managers when they are unable to complete their rounds. Particularly when this is due to permanent/ ongoing restrictions to access rather than ad hoc or one off incidents. The fact the Council sent alternative vehicles to collect the missed waste indicates the Council was aware of access issues.
30. It is therefore disappointing that the Council did not take any action to address the access issues or to communicate with the residents. Residents have been forced to take matters into their own hands and move their bins to the end of the road to ensure that their waste and recycling is collected.
31. The Council appears to be content that this is an acceptable way forward, but I have not received any evidence it has assessed the suitability or safety or this presentation point or the residents’ ability to move their bins the length of the street. Nor is there any evidence the Council has considered using its narrower collection vehicles. The Council may ultimately decide it cannot make kerbside collections and that residents should present their bins at a designated collection point. But this decision should be based on proper consideration of the issues, options, and residents’ circumstances. And any changes should be properly communicated to residents.
32. The failure to properly address the issue of restricted access and to ensure household waste and recycling could continue to be collected as scheduled is fault. As is the failure to communicate with residents regarding any changes to the waste collection service.
33. I also consider there to be fault in the way the Council responded to Mr X’s formal complaints. The Council’s responses are generic and do not address the issues Mr X raised. Had the Council properly investigated Mr X’s complaint it would have been aware of the extent of the missed collections and could have explained the restricted access and any action the Council would take to address it. It is also disappointing that having told Mr X the Council would monitor his collections this did not take place.
34. Having identified fault, I must now consider whether this has caused Mr X an injustice. As the missed collections affect the whole street Mr X has not only had to manage his own uncollected household waste and recycling, but he has also had to endure large amounts of uncollected waste on his street, over a sustained period of time.
35. He has also experienced frustration and disappointment, both with the missed collections and with the Council’s failure to communicate with residents and resolve the problem. Mr X has been put to unnecessary time and trouble in trying to resolve this matter.

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Agreed action

36. The Council has agreed to apologise to Mr X and pay him £200 in recognition of the frustration and difficulties the failure to address the issue of restricted access and to make regular household waste and recycling collections has caused.
37. The Council has also agreed to review the waste collection arrangements for Mr X’s street to determine whether kerbside collections can resume, for example with a narrower vehicle, or alternatively to ensure any designated collection points can safely accommodate the number of bins presented. The Council should clearly communicate any decisions regarding the waste collection arrangements to residents.
38. The Council should carry out this action within one month of the final decision on this complaint and should provide us with evidence it has complied with the above actions.

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Final decision

39. The Council’s failure to properly address the issue of restricted access and to ensure household waste and recycling could continue to be collected from Mr X’s street as scheduled is fault. As is the failure to communicate with residents regarding any changes to the waste collection service. This fault has caused Mr X an injustice.

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Investigator's decision on behalf of the Ombudsman