Summary: Mr C complained the Council delayed providing him with a new recycling bin after his was stolen and he had to repeatedly chase it for responses about the matter. We find the Council was at fault as it delayed providing Mr C with a replacement recycling bin and it delayed responding to his communication about the matter. The Council has agreed to our recommendations to address the injustice caused by fault.

The complaint

1. Mr C complained about the Council’s recycling collection service. He says the Council delayed providing him with a new recycling bin after his was stolen and he had to repeatedly chase it for responses about the matter. He adds the Council failed to provide the local collection point with recycling bags for weeks.
2. Mr C says the matter has caused frustration and he had the added inconvenience of having to collect recycling bags and coming back empty handed.

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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 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. 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. I considered information from Mr C. I made written enquiries of the Council and considered information it sent in response.
6. Mr C 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

7. Mr C’s recycling bin was stolen in September 2022. He says his neighbour reported this to the Council and asked for a new bin, but there is no evidence of this.
8. Mr C complained to the Council in August 2023. He said it failed to provide a recycling bin for his building. He also said he went to the local collection point to collect recycling bags, but there were none. The Council responded and said the recycling bags were out of stock. It said there were delays dealing with recycling due to issues with vehicles and crew shortages.
9. Mr C emailed the Council the following month. He said he was still without a recycling bin. He also said it still had not supplied the collection point with recycling bags.
10. The Council responded to Mr C and said its frontline waste service workers were on strike, and it was affecting collections and cleansing across the Borough. Mr C responded and said the strike had nothing to do with why it had not provided him with a recycling bin, or why it had not provided the collection point with recycling bags. He asked it to answer his specific complaint.
11. The Council emailed Mr C and said staff were not available due to the strike and so it was not possible to deliver a recycling bin. Mr C replied and said he contacted it about the bin before strike action started. He said the strike was now over, and therefore he wanted to know when it would deliver his bin. The Council responded at the beginning of October and said it had ordered his new bin. It said he would receive it within the next five to seven working days.
12. Mr C chased the Council. He said more than three weeks had passed, but it had not provided him with a recycling bin. He sent a chaser email the following week. The Council did not respond.
13. Mr C sent an email to his councillor in December. He explained the Council had failed to respond to his emails and he was still without a recycling bin. The Council delivered a new bin the following day.

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Analysis

14. The Council failed to order a new recycling bin for Mr C when he complained in August 2023. This is fault. It said the delay was due to strike action, but Mr C complained to the Council six weeks before strike action started. There is no evidence the Council did anything to progress the matter during this period.
15. The Council told Mr C it had ordered the recycling bin in early October 2023, and it would take five to seven days to arrive. However, Mr C did not receive a new bin until December 2023. This is a significant delay and is fault. The Council failed to keep Mr C updated, and it also failed to respond to his emails chasing the matter.
16. The Council also did not restock the collection point with recycling bags. In its response to my enquiries, the Council said deliveries to the collection point were uncontrolled and residents took bags when they did not need them. This led to weekly shortages. It says to resolve this matter, it is reintroducing deliveries directly to properties that need them. I welcome this.
17. The Council’s faults have caused Mr C an injustice. He was put to the inconvenience of raising the matter with the Council and repeatedly going to the collection point to get recycling bags and coming back empty handed. The Council’s failure to keep him informed and respond to his emails also caused him frustration. The Council needs to take action to remedy this injustice.

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Agreed action

18. To address the injustice caused by fault, by 24 May 2024 the Council has agreed to:

• Apologise to Mr C for his inconvenience and frustration.
• Pay Mr C £100.
• Share this decision with staff dealing with bin requests to highlight the need to properly communicate with service users and keep them informed of reasons for any delays.

19. The Council should provide us with evidence it has complied with the above actions.

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Final decision

20. There was fault by the Council, which caused Mr C an injustice. The Council has accepted my recommendations and so I have completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman