Summary: Ms X complained that although she should receive assisted collections the Council has repeatedly failed to collect her household and recycling waste since November 2022. The failings in the assisted collection service the Council provided to Ms X are fault. This Council has agreed to apologise, make a financial payment and monitor Ms X’s waste collections.

The complaint

1. Ms X complains that although she should receive assisted collections the Council has repeatedly failed to collect her household and recycling waste since November 2022.
2. Ms X said this has caused her inconvenience and distress and wants the Council to provide her with an assisted waste collection.

Back to top

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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. The Ombudsman’s view, based on caselaw, is that ‘service failure’ is an objective, factual question about what happened. A finding of service failure does not imply blame, intent or bad faith on the part of the council involved. There may be circumstances where we conclude service failure has occurred and caused an injustice to the complainant despite the best efforts of the council. This still amounts to fault and we may recommend a remedy for the injustice caused. (R (on the application of ER) v CLA (LGO) [2014] EWCA civ 1407)
5. 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)

Back to top

How I considered this complaint

6. I considered the information provided by Ms X and discussed the complaint with her. I made enquiries of the Council and considered its response.
7. Ms X and the Council had the opportunity to comment on my draft decision. I considered all comments before reaching a final decision.

Back to top

What I found

Refuse and recycling collections

8. 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.
9. The Council's practice is to make a fortnightly household waste collection and a weekly recycling collection.
10. The Council provides an assisted collection service for people who are unable to move their bins and boxes due to a disability or age. The Council should collect the bins from the storage point and return them to the same point.

What happened

11. In November 2022, Ms X complained to the Council about its waste collection service. Ms X said she should have assisted waste collections due to mobility issues.
12. The Council responded and confirmed that Ms X would receive assisted collections from November onwards. The Council informed the waste management company that Ms X required an assisted collection.
13. Around the same time major roadworks took place in the area where Ms X lived, completely closing one side of the road for approximately nine months. The Council worked with the waste management company to coordinate the completion of bin collections.
14. In December 2022, the Council sent a letter to all residents in the affected area, including Ms X. The Council said it was aware of the roadworks and apologised for any inconvenience caused by missed collections. It said collections may take place on a different day and time than usual. It said residents should leave their bins at the front boundary of their property for collection if they were not collected on their usual day. The Council said residents did not need to report missed collections online.
15. In July 2023, Ms X complained to the Ombudsman. Ms X said that despite her complaint the Council had failed to provide her with an assisted waste collection since November 2022. Ms X said she could not move her bin to the pavement for collection.
16. In response to my enquiries the Council says it has not received reports of any failed assisted collections from Ms X since November 2022. It said that because of the roadworks, collection crews faced difficulties stopping to make collections safely and this led to collections not taking place on scheduled days. The Council said it monitored the situation closely with the waste management company and agreed that collections should take place early on Saturday mornings when there was much less traffic. The Council said this could explain the reason for Ms X’s failed collections. 

Analysis

17. We would not expect a council to fix a problem with someone’s bin collections unless they report it first. The Council says that Ms X has not reported problems with her assisted collections since November 2022. I do not have any evidence that Ms X reported further failed assisted collections after this time.
18. However, I note the letter sent by the Council in December stated that residents should not report missed collections online during the period of roadworks. This could explain why the Council has no records of failed collections since November 2022. I do not therefore consider the Council’s records are a reliable reflection of the extent of the missed collections Ms X experienced.
19. The letter also stated that residents should leave their bins at the front boundary of their property for collection if they were not collected on their usual day. However, this should not have applied to residents that had an assisted collection. The Council should have offered alternative advice to those affected, including Ms X. Failure to do so is fault.
20. I have no reason to doubt that Ms X has experienced failed assisted collections. The Council has acknowledged that its waste collections service had been disrupted due to roadworks outside of its control. I acknowledge the Council worked with the waste management company to minimise the disruption caused to residents during this period. However, the missed collections amount to service failure as set out in paragraph 4 above.
21. Having identified fault, I must now consider whether this has caused Ms X an injustice. Ms X has had to find ways to manage the uncollected waste left at her property or arrange for someone else to present her bins for collection. She has also experienced frustration and disappointment with the missed collections over a significant period.

Back to top

Agreed action

22. The Council will apologise to Ms X and pay her £200 in recognition of the frustration and difficulties the repeated failure to make regular assisted recycling collections has caused.
23. The Council will arrange monitoring of Ms X’s waste collections for an eight-week period to ensure the assisted collections are carried out properly.
24. The Council will carry out these actions within one month of the final decision on this complaint and provide us with evidence it has complied with the above actions.

Back to top

Final decision

25. I have found fault by the Council causing an injustice to Ms X. I have completed my investigation on this basis.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman