Summary: Mr B complains that the Council failed to collect his household waste and recycling between March and July 2019 causing inconvenience and expense. The Ombudsman finds the Council was at fault in failing to collect the bins for a period of one month. The Council has provided a satisfactory remedy for the injustice caused by this, so the Ombudsman will not pursue the matter further.

The complaint

1. Mr B complains that the Council failed to collect his household waste and recycling between March and July 2019 causing inconvenience and expense.

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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. I have considered all the information provided by Mr B, made enquiries of the Council and considered its comments and the documents it provided.
5. I have written to Mr B and the Council with my draft decision and considered their comments.

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What I found

Key facts

6. Mr B moved into a new build property at the end of March 2019.
7. On 21 May 2019 Mr B contacted the Council complaining that bins in his road had not been collected since he moved in. The officer he spoke to told him that the new properties were not on the system which is why the bins had not been collected.
8. On 24 May 2019 Mr B sent a further email to the Council stating that the bins had still not been collected.
9. Other residents also complained to the Council on 24 and 31 May 2019 and on 3 June 2019.
10. On 4 June 2019 Mr B contacted the Council asking for the head of the Department to call him. On 7 June 2019 he contacted his local councillor about the problem and the bins were emptied the following day.
11. The service manager responded to Mr B’s complaint on 13 June 2019. He said there was an issue with the Council’s system and the matter was being investigated and would be rectified as soon as possible. Mr B was dissatisfied with this response and asked for his complaint to be escalated to stage 2 of the Council’s complaints procedure.
12. The commercial services waste manager sent a stage 2 response on 24 June 2019. He apologised for the lack of service and delay in providing a regular bin collection. He explained the property developers were asked to inform the Council when the new build properties became occupied but they had failed to do so. This, together with a technology issue, meant the Council’s systems were unaware of the new properties so collections did not take place. The officer accepted that, once the Council was notified of the issue, it should have been addressed more promptly. He confirmed Mr B’s bins were now on regular correction rounds and the supervisor would monitor the collections.

Analysis

13. I find the Council was at fault in failing to collect the bins after Mr B notified it of the problem on 21 May 2019. Prior to this date, the Council was unaware of the issue as the developer had failed to notify it that residents had moved in. The Council resolved the matter a month after being notified of the problem. It accepts it should have done so sooner however there was one bin collection during this period.
14. Mr B suffered inconvenience and frustration as a result of the Council’s failure to collect his bins and was put to time and trouble in pursuing the matter. The Council has apologised for this. It has also put in place measures for staff to check regularly if there are properties without bins or collection schedules. Managers are now taking more responsibility to ensure the environment and waste department is aware of new build properties and residents moving in. The Council has introduced new in-cab devices so crews can update the office about any issues. It has also added a form to its website so residents can report where a property is not showing its collection round so a round can be allocated more quickly.
15. I am satisfied that the Council’s apology, together with the changes it has made to its procedures, represents a satisfactory remedy for the injustice suffered by Mr B as a result of the Council’s failure to resolve the problem more quickly once it became aware of it.
16. Mr B hired a skip in April or May 2019 at a cost of £260. He also paid the developer £30 cash on two or three occasions for them to dispose of some rubbish. It is not appropriate to recommend the Council refunds these payments as it was unaware of the problem until 21 May 2019. Mr B used the skip to dispose of rubbish accumulated before this date. In addition, he could have taken the rubbish to the landfill site which would have cost nothing.

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Final decision

17. I have completed my investigation on the basis I am satisfied with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman