London Borough of Waltham Forest (24 012 852)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 17 Dec 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of missed bin collections and its response to the complainant. This is because further investigation would not lead to a different outcome.

The complaint

  1. Ms X complained about the Council's handling of her missed bin collections. She was unhappy with how the Council handled her complaint.
  2. Ms X said dealing with the matter was time-consuming and the uncollected bins obstructed a busy school footpath, posing a health and safety risk.
  3. She seeks an apology, £200 compensation, and accountability for the unnecessary stage two investigation, which she believes wasted public resources.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
  • further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X complained the Council missed several of her bin collections between March and July 2024. The Council in its stage one complaint response upheld her complaint and apologised.
  2. Ms X wanted compensation for the avoidable distress and time it took her to deal with the matter. The Council informed her, compensation would only be considered at stage two of its complaint process. Ms X escalated her complaint.
  3. The Council explained in its stage two complaint response Ms X’s bins were placed on a different street from her registered address, causing confusion for the collection crew and resulting in missed collections.
  4. The Council admitted a contractor’s error in recording two missed collections causing an 18-day delay when Ms X’s bins were not collected. It introduced service improvements, including operator training, clear instructions to the Contractor, and a site visit to clarify the new location for crew and driver. To avoid future issues, the Council advised Ms X to place her bins at the border of her two adjoining streets.
  5. We will not investigate Ms X’s complaint. This is because the Council has already apologised for the faults identified, that is in line with our guidance on remedies. It has also made further service improvements to address the faults. Therefore, further investigation would not lead to a different outcome.

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Final decision

  1. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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