Summary: Mr X complains the Council has repeatedly failed to collect his household waste and recycling on the scheduled days. Mr X also complains that when the waste is collected, the collection crew do not return the bins to collection point but are left obstructing the paths. There were failings in the Council’s waste collection service which amount to fault. This fault has caused Mr X an injustice.

The complaint

1. The complainant, whom I shall refer to as Mr X complains the Council has repeatedly failed to collect his household waste and recycling on the scheduled days. Mr X also complains that when the waste is collected, the collection crew do not return the bins to collection point but are left obstructing the paths. Mr X states that when he raised this with a member of the collection crew, they responded aggressively towards him.

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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. 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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’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

4. As part of the investigation, I have:
• considered the complaint and the documents provided by Mr X;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with Mr X;
• sent a statement setting out my draft decision to Mr X and the Council and invited their comments.

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What I found

Refuse and recycling collections

5. Councils have a duty under the Environmental Protection Act 1990 to collect 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.
6. The Council's practice is to make a weekly household waste collection and a fortnightly recycling collection.
7. When a missed collection is reported to the Council, the Depot will ask the crew to return to complete the round as soon as possible. When the collection is complete, the Council closes the report.
8. 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 here

9. Mr X is registered for assisted collections. He complains the Council has repeatedly failed to collect his household waste and recycling on the scheduled day. He states that when collections are missed the Council does not generally collect the waste until the next scheduled collection. Mr X also complains that when the waste and recycling is collected the crew often leave the bins obstructing the pavements rather than returning them to the collection point. This causes problems for Mr X’s wife who uses a wheelchair and is unable to get past the bins left on the pavements.
10. Mr X states he has repeatedly reported problems to the Council and directly to the depot, but this has not resolved the problem.
11. The Council states Mr X has only reported two missed collections over the last 12 months, both of which were in April 2019. Mr X disputes this and states he has reported many more. He has provided reference numbers for some of these reports. The Council has reviewed its records and is unable to trace one of them, and states another does not relate to Mr X’s address. The records for the additional two reports the Council can trace are incomplete and do not confirm whether they were passed to the depot. One relates to the bins not being returned and the other to a missed collection.
12. Mr X has also contacted the depot directly and been given specific telephone numbers to use to report problems. There are no records of these conversations, but the Council has confirmed an officer at the depot recalls speaking to Mr X on a number of occasions. Following these conversations, the officer reminds the crews to return bins to the doorstep. The Council states the crews always confirm they have returned Mr X’s bins correctly.
13. In addition to reporting missed collections and problems with the bins not being returned, Mr X also made formal complaints. In February 2019 Mr X complained the collection crew had not returned his bins to the collection point, and that when he spoke to a crew member they responded aggressively. The Council’s response confirmed it had made a manager aware of the problem and they would investigate. It also confirmed it takes this type of matter seriously as behaviour of this nature was unacceptable and would not be tolerated.
14. According to the Council’s records Mr X contacted the Council again the following week to report that the collection crew had not returned his bins. Mr X asked the Council to review his complaint in April 2019 as the problem had not been resolved. The Council apologised for the ongoing problems and confirmed it would remind the crews to return the bins following collection.
15. Mr X remains unhappy with the Council’s response and has asked the Ombudsman to investigate. He states that he now receives a more regular collection service, but collections are still occasionally missed. Mr X states the depot has told him they do not have capacity to go back and collect missed collections before the next scheduled collection date. Mr X also states there is an ongoing problem with crews leaving the bins in the road rather than returning them to the collection point.
16. In response to my enquiries the Council states it has made spot checks and there is nothing to suggest a significant problem with household and recycling collections from Mr X’s street. It also states crews should be aware of assisted collections and, by implication, of the need to return bins to doorstep after emptying through mobile technology in the vehicles and the crew packs.
17. The Council states the proper procedure for reporting missed collections or problems with the service is to via the contact centre. It is not normal practice to give anyone the depot’s telephone numbers as it is not their role to take calls from the public and there may not be anyone available to take calls.
18. In relation to Mr X’s complaint of aggressive behaviour from the collection crew, the Council has confirmed that all complaints about staff attitude are investigated internally in line with City Council procedures. But as this would be a personnel matter the Council does not share the outcome.

Analysis

19. Based on the information available I consider there to be failings in the Council’s waste collection service which amount to fault.
20. It is unclear how many reports of missed collections and instances of the bins not being returned Mr X has made. There is no dispute he has contacted both the contact centre and the depot to report problems. But the information initially provided by the Council was incomplete and although an officer from the depot has confirmed he has spoken to Mr X several times, there are no records of these conversations. I recognise it would not be normal procedure for Mr X to contact the depot direct but would not criticise Mr X for doing so in the circumstances. Mr X states an officer gave him direct telephone numbers for the depot and told him to contact them as they would be able to resolve the problem quicker.
21. Mr X has also made formal complaints which do not appear to have resolved the problem. Mr X now receives more regular collections but reports that the bins are still not being returned. The problem does not seem to be limited to Mr X’s bins he states his neighbours’ bins are also left blocking the pavements.
22. I consider this fault has caused Mr X an injustice as he has been put to unnecessary time and trouble in trying to resolve this matter.

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Agreed action

23. The Council has agreed to apologise to Mr X for the failings in its waste collection service and the unnecessary time and trouble this has caused him. The Council should carry out this action within one month of the final decision on this complaint.
24. The Council has also agreed to carry out a period of monitoring to ensure Mr X’s waste and recycling is collected on the scheduled days, and the bins are returned to their collection point. This monitoring should begin within one month of the final decision on this complaint and continue for a period of eight weeks.

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Final decision

25. There were failings in the Council’s waste collection service which amount to fault. This fault has caused Mr X an injustice.

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Investigator's decision on behalf of the Ombudsman