Summary: Ms X complained the Council repeatedly failed to collect her waste. We found the Council at fault in relation to the missed collections which caused Ms X avoidable frustration, distress, and inconvenience. The Council has agreed to apologise, make a symbolic payment for the injustice caused, and take action to prevent future recurrence of the issue.

The complaint

1. Ms X has had ongoing issues with her assisted waste collection, with collections frequently being missed. She has both physical and mental disabilities and feels like she isn't being heard. She feels she is being discriminated against because her neighbours’ bins are collected when hers are not. She has injured herself trying to move her bins. Ms X would like financial compensation for the distress and inconvenience she has suffered.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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)
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. We provide remedies for injustice, not compensation, punishment or fines. When someone has suffered an injustice, we try to put them back in the position they would have been had that error not occurred. Our focus is on restoring services that have been denied and taking practical steps to put things right. Where that isn’t possible, we will try to think of creative remedies that acknowledge the impact of faults. 
6. Where that takes the form of a payment, it is often a modest amount whose value is intended to be largely symbolic, rather than purely financial. It is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal.
7. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
8. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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What I have and have not investigated

9. I have not investigated Ms X’s complaints about missed collections that occurred before August 2023. That is because she approached the Ombudsman in August 2024, and we cannot investigate late complaints unless we decide there are good reasons. In response to an earlier complaint, in Spring 2023, the Council told Ms X of the option to escalate her case to us, and she could therefore have done so sooner.
10. I have not investigated Ms X’s complaint of August 2023. That is because, when the Council replied at Stage 1 of the complaints process, saying it would add her to the waste supervisor’s monitoring list for six weeks, she did not escalate her complaint to Stage 2. This suggests an acceptance of the Council’s position. Further, we do not investigate complaints that have not completed the council’s complaints process unless we decide there are good reasons.
11. I have not investigated Ms X’s complaints about any collections that have been missed since she approached us, as these have not completed the Council’s complaints process. I have, however, mentioned them in the context of Ms X’s decision to come to the Ombudsman.
12. I have investigated missed collections that occurred after August 2023 and before Ms X approached the Ombudsman on 13 August 2024.

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How I considered this complaint

13. As a publicly funded body we must be careful how we use our resources. We conduct proportionate investigations; completing them when we consider we have enough evidence to make a sound decision. This means we do not try to answer every single question a complainant may have about what the organisation did.
14. On the broader point, we cannot always respond to complaints in the level of detail people might want. We have limited resources and must investigate complaints in a proportionate manner, focusing on general themes and issues, rather than providing a response to every individual issue raised in a complaint.
15. I read Ms X’s complaints and supporting documents and spoke to her on the telephone. I made enquiries of the Council and considered the responses and documentation it provided.
16. Ms X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

Law, guidance and policy

Refuse and recycling collections

17. 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.
18. Councils normally expect people to move their bins to the pavement in front of their property, to allow it to be easily collected. However, a council may decide to provide an assisted collection to a person if they are unable to move their bins because of a disability. Under an assisted collection, the crew will enter the person’s property, such as their garden or driveway, to collect the bins, and then return them to their storage place afterwards.

The Council’s policy

19. The Council's current practice is to collect both general waste and recycling weekly.
20. 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 “an agreed visible location” and return them to the same point.

What happened

21. Ms X was added to the Council’s assisted collections list in June 2022.
22. The Council’s collection crew driver log shows missed collections due to roadworks on 17 May 2024, and then three further missed collections due to roadworks on 7, 14 and 21 June. Ms X’s bins were emptied on 24 June (off-schedule) for the first time since 31 May.
23. Ms X made a formal complaint to the Council on 26 June. She said she was unhappy that her bins had not been collected for several weeks due to work being carried out to upgrade the gas pipes in her street. The roadworks were still in place, yet her bins had now been emptied (24 June), so she could not understand why this could not have been done in previous weeks. She said she had emailed the Council to report the missed collections, and had explained that she would be storing her general waste in all three bins, yet when the waste had been collected, her green (garden waste) bin had not been emptied.
24. Ms X asked that the Council collect the general waste that she was storing in her green bin. She requested a full explanation as to why her bins had not been emptied for several weeks. She said that having to move her bin bags had exacerbated an existing neck and shoulder injury, and that she wanted financial compensation for this – an apology would not suffice.
25. The Council added a note to the driver log on 27 June that said “Please ensure bin is emptied each week without fail […] any issues please call supervisor”. The collection was missed again on 28 June, and again the driver log stated this was because of roadworks. A note was added to the missed collections log on 3 July, emphasising that Ms X was a “high priority” and that her waste must be collected. It stated: “Please take all bins and side waste from property, this must be done and take photos as well”.
26. The Council was unable to collect the bins for a sixth time on 5 July. According to the Stage 1 complaint response that was sent on 5 July, the Council made separate arrangements to collect Ms X’s waste – including all three bins and her excess bagged waste – later that day.
27. Bin collection was completed as scheduled on 12 July, and the driver logs provided by the Council show that collections took place weekly after that.
28. Ms X escalated her complaint on 17 July. She said she felt she was being discriminated against because her non-disabled neighbours’ bins were being collected (despite the roadworks) when hers were not. She reiterated that she would not accept an apology and that she was seeking compensation for the physical and psychological injuries caused by having to move her bin bags.
29. The Council sent a Stage 2 complaint response on 12 August. This included an apology for the frustration Ms X was experiencing, but said that collection crews had to work within the Road Traffic Act, only moving traffic cones if they could do so within the law. The Council said that there was no discrimination occurring and no compensation it could issue.
30. Ms X contacted the Ombudsman on 13 August 2024.

Analysis

31. It is clear from the Council’s own records that it repeatedly failed to empty Ms X’s bins during the summer of 2024. The Council’s failure to collect the bins was not in line with its policy of a weekly collection and is fault. The fault is significant because it occurred in the context of the assisted collection scheme.
32. The Council’s responses to Ms X’s complaints were indicative of poor administration and were fault. Neither the Stage 1 nor Stage 2 responses provided an adequate explanation for the repeated missed collections, beyond the fact that roadworks were in place. The Stage 1 response did not respond to Ms X’s request for compensation, although this was addressed at Stage 2.
33. The Council was not able to confirm what dates the roadworks were in place, nor whether Ms X’s neighbours’ bins were emptied when hers were not. The Council was not able to explain to me how it works with utility companies to avoid disruption when roadworks are in train, nor how any contingency plans are communicated to residents. This lack of explanation is fault.
34. All Council collection crews are provided with details of assisted collections on the route. It should therefore be clear to all crews which properties require assisted collections and what this involves. If the Council’s current system for ensuring crews are aware of properties with assisted collections on their rounds is not effective, the Council should take action to address this.
35. From the evidence provided I find that the Council has taken some action to address the issue, including taking photographs to prove that Ms X’s waste has been collected. As this has been ineffective, I have made a recommendation for further action.
36. Having identified fault, I must consider whether this has caused Ms X a significant injustice. Ms X was unable to dispose of the uncollected waste and it built up around her property, creating a trip hazard. It is also physically difficult for Ms X to move her bins so having to move them back, still full, adds to this difficulty and causes Ms X unnecessary stress and, she says, worsened an existing injury.
37. Ms X also experienced frustration and disappointment that despite her complaints and reporting the missed collections, they continued. Although I have not investigated missed collections that occurred after 12 August 2024, Ms X has provided evidence that they have continued since that time, after the roadworks have been completed.
38. Ms X has been put to avoidable time and trouble in pursuing this matter.

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Action

39. Within two months of the date of issue of my final report, the Council has agreed to:
• apologise to Ms X and pay her £200 to recognise the avoidable frustration and difficulties she experienced because of the Council’s repeated failure to make regular assisted household waste collections. This is a symbolic amount in line with our published guidance on remedies;
• monitor Ms X’s household waste and recycling collections (with photos taken as evidence) for two months to ensure the assisted collections are carried out properly and the bins are returned to the collection point. Report the findings, and any next steps if necessary, to Ms X as well as to us. It remains open to Ms X to complain to the Council and then us again, should consistency of collections fall after this period.
• Put in place, or strengthen, systems to:
1. Ensure collection crews are aware of properties with assisted collections on their rounds, and what this involves in each case, and
2. Liaise with organisations that are planning large-scale roadworks to develop contingency plans to mitigate the impact of their work on waste collections, particularly assisted waste collections.
40. The Council should provide us with evidence it has complied with the above actions.

Decision

41. I have concluded my investigation with a finding of fault that has caused Ms X an injustice.

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Investigator's decision on behalf of the Ombudsman