Summary: We found fault due to service failure by the Council on Miss D’s complaint about it missing waste bin collections. There were failures to collect her waste in 2022, 2023, and 2024. The agreed action remedies the injustice caused.

The complaint

1. Miss D complains about the Council’s waste collection service failing to remove:
1. waste and recycling collections over several years on her side of the road; and
2. all recycling collections during December 2023.
2. As a result, she was caused a great deal of stress and frustration, along with financial loss, as she paid a private pest control firm to control rodents.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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Refuse and recycling collections

7. Councils have a duty under the Environmental Protection Act 1990 to arrange for the collection of household waste and recycling from properties in its areas. The collections do not have to be weekly, and councils can decide the type of bins or boxes people must use.
8. The Council aims to usually return to collect missed bins within two working days but usually the following working day. If this is not possible, it will return on the next scheduled collection day.

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What I have and have not investigated

9. Normally, we would not investigate any complaint Miss D has about the Council’s action which took place before January 2023. This is because she complained to us in January 2024. She provided information about why she could not complain earlier which I accepted. This means I have exercised discretion to investigate her complaint from January 2022.

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How I considered this complaint

10. I considered all the information Miss D sent, along with the Council’s response to my enquiries. I sent a copy of my draft decision to Miss D and the Council. I considered their responses.

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What I found

11. Miss D has lived in her house for more than three years. Over this period she has made reports to the Council about missed recycling collections from outside of her house. The problem is with collections from her side of the road. She cannot leave her bin out following a missed collection as the pavement is too narrow so has to move it back to the side of the row of houses where it is stored.
12. She complained the Council missed all collections in 2023, particularly the Christmas ones which were needed the most. Despite complaining, she said nothing changed. Miss D claimed she spent £550 on pest control services due to uncollected recycling attracting vermin.
13. The evidence shows she reported missed collections in January, February, June, November, and December 2022. In the December report, she also mentioned missed collections were adding to the problem with rodents. The Council contacted her about them. It asked her for details so it could investigate. She told the Council she lived next door to an empty property and had asked the owners to get pest control to the property as hers told her they believed this was the source of the rodent problem.
14. In February 2023, Miss D reported a missed collection. The records show the Council apologised and said it would be collected on the next scheduled collection day.
15. Under stage 1 of its complaints procedure, the Council accepted missing her collections during December 2023. It noted two missed collections. It received a report on 24 December and another on 2 January 2024. The Council explained the missed collections were due to an internal error which meant the crew were unaware this collection formed part of their collection schedule. It told her the crew had been told about this and it apologised for the failure.
16. Under stage 2 of its complaints procedure, the Council apologised again. This was because information it previously sent was wrong. Following a site visit, and discussions with the crew, the Council explained bins on the opposite side of the road were left outside the front of properties while those on her side of the road were left at a collection point. With a change of crew in December 2023, the new crew was unaware of the collection point. This is why there were missed collections. The crew is now aware of the collection point and collections were made as scheduled since.
17. The Council refused to refund her council tax as she wanted. Nor did it accept her claim the missed collections caused an infestation of vermin. This was because the waste was dry recycling and remained in bins. It monitored the collection for eight weeks to make sure there were no further problems. Photographs of the collection point would be shared with the crews.
18. Up to April 2024, collections were weekly. After this date, they were done bi-weekly for recycling.
19. The Council confirmed its Environmental Protection team received three service requests about claimed vermin in the area near Miss D’s property. The three reports all claimed another property was the cause of the vermin and two of them mentioned missed collections were not helping. I have seen summaries of these requests and action the Council said it took in response. I have not seen evidence in support of the actions it said were taken.

My findings

20. I found fault due to service failure on this complaint because since 2022, there were missed recycling waste collections on about ten occasions. While about half of them were in 2022, the evidence shows missed collections continued up to 2024.
21. This caused Miss D injustice as she has had to take the time and trouble to report the missed collections which no doubt also caused her some frustration and anxiety. When considering her injustice, I took account of the apology the Council already gave her.
22. Although Miss D believes the missed collections contributed to the problem with vermin, I am not satisfied the evidence supports her concern. This is because the recycling waste is ‘dry’ (cardboard, for example). In addition, I note Miss D told the Council the pest control firm she used believed the empty neighbouring property was a possible source.

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Agreed action

23. I considered our guidance on remedies.
24. The Council agreed to take the following action within four weeks of the final decision on this complaint:
1. Send a written apology to Miss D for any further missed collections from January 2024 when it sent her its stage 2 response.
2. Pay her £100 for the injustice she suffered.
3. Send a further reminder to the relevant crew about arrangements for collecting recycling bins on Miss D’s side of the road.
25. The Council should provide us with evidence it has complied with the above actions.

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Final decision

26. I found fault on Miss D’s complaint against the Council. The agreed action remedies the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman