Summary: Ms X complains that the Council has instructed several neighbouring properties to present their bins for collection directly outside her property. Ms X states the bins cause an obstruction, smell unpleasant, attract rodents and pests and have damaged her fence. The setting up of an unofficial bin presentation point outside Ms X’s property without following proper process amounts to fault. This fault has caused Ms X and injustice.

The complaint

1. The complainant, whom I shall refer to as Ms X complains that the Council has instructed several neighbouring properties to present their bins for collection directly outside her property. Ms X states the bins cause an obstruction, smell unpleasant and attract rodents and pests.
2. In addition, Ms X complains the bins left outside her property lean/ are pushed against her fence and have damaged it so that part has now fallen down.

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The Ombudsman’s role and powers

3. 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)
4. 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

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

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What I found

Refuse and recycling collections

6. 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. The Council generally expects residents to present their household waste and recycling at the front of their properties on collection day, but it can also identify collection points.
7. The Council's practice is to make a weekly household waste collection and a fortnightly recycling collection.

What happened here

8. Ms X complains that in February 2019 the Council instructed several neighbouring properties to present their bins for collection directly outside her property. She states the Council had previously collected their bins from in front of their own properties.
9. The Council did not consult with or notify Ms X before introducing this new collection point in front of her home. Ms X states she noticed the collection crew gather the bins in front of her property and put stickers on them telling residents of the new collection pint. She contacted the Council to object to this collection point and suggested an alternative location which would not impact on residents. The Council did not respond.
10. Ms X states the bins cause an obstruction, smell unpleasant and attract rodents and pests. These issues are exacerbated when collections are missed, or her neighbours do not return their bins to their properties. Ms X states the bins have repeatedly been left outside her property for a week.
11. In September 2019 Ms X made a formal complaint to the Council objecting to the collection point. She asserted it was a nuisance and a health and safety hazard to collect bins at the front of her property. Ms X stated the bins had been left outside her property for days as the Council had missed the latest collection.
12. The Council apologised for the inconvenience and confirmed it aimed to clear missed collections on the next available opportunity. It explained there was a pick-up point for collection so that the truck could enter her road and complete the round.
13. Ms X was not satisfied by the Council’s response and asked the Council to review her complaint. She questioned why the Council had not responded to her objections to the collection point or suggestion for an alternative location. Ms X asserted she was unable to enter her home without weekly interruption and waste being left at her doorstep. Her neighbours often left the bins outside her property for several days after collection, or when the Council missed a collection.
14. In response the Council confirmed it had passed details to the Waste Prevention Team who would carry out an engagement exercise.
15. Ms X does not consider the Council has addressed her concerns and has asked the Ombudsman to investigate her complaint. Ms X complains the bins left outside her property lean or are pushed against her fence and have damaged it so that part has now fallen down.
16. In response to my enquiries the Council states there is no record of an official presentation point being set up on Ms X’s street in the last year. It suggests a crew may have done this without informing the Depot. When a crew sets up a presentation point, they must inform their manager at the Depot, so that a request can be made to update/amend the collection route. This did not happen on this occasion.
17. A Depot Manager has recently visited Ms X’s street and decided that two presentation points are required, neither of them outside a resident’s property. The Council will write to Ms X’s neighbours and advise them of the official collection point for their bins. The Council states the planned collections points will provide a more efficient collection system in future but unlike the current ‘unofficial’ point, will not be directly outside a resident’s property.
18. The Council has confirmed that a Waste Prevention officer visited Ms X’s street in October last year and decided that resident engagement was not necessary. They noted a collection point sticker on a lamp post outside Ms X’s property and asked the depot to address the issue.
19. In addition, the Council states the Waste Management Insurance Claims Officer has contacted Ms X so she can start the claims process for her damaged fence.

Analysis

20. Setting up an unofficial presentation point outside Ms X’s property without following proper process amounts to fault. While it is necessary to have presentation points on Ms X’s street, the Council acknowledges they should not be set up directly outside a resident’s property. The Council has now identified more appropriate locations and notified the residents. This is a positive step which Ms X will undoubtably welcome, but I consider the Council should have done this much sooner.
21. The crew may not have followed proper process in setting up the presentation point, but the Council should have been aware. Ms X objected to the presentation point as soon as it was established, in February 2019. Her objection included a map which clearly identified the new presentation point and suggested an alternative. This should have prompted the Council to investigate and review the presentation point.
22. Similarly, had the Council properly investigated Ms X’s complaint in September 2019 it would have identified this was an unofficial presentation point in an unsuitable location. It could have moved the presentation point and resolved the matter sooner.
23. Having identified fault, I must now consider whether this has caused Ms X an injustice. Each week for the last year Ms X’s property has been obstructed by her neighbours’ bins, at best for a day, but often for several days. Ms X has had to endure the associated smell and mess of the uncollected waste, and the problem of rodents this has attracted.
24. Ms X has also experienced frustration and disappointment with the Council’s failure to respond to her objections or resolve the problem. She has been put to unnecessary time and trouble in trying to resolve this matter.
25. I note Ms X is able to pursue an insurance claim in relation to the damage caused to her fence. I do not therefore intend to consider this element further.

Agreed action

26. The Council has agreed to apologise to Ms X and pay her £300 in recognition of the frustration and difficulties having an unofficial presentation point in front of her property has caused her.
27. The Council should take this action within one month of the final decision on this complaint.

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Final decision

28. The setting up of an unofficial bin presentation point outside Ms X’s property without following proper process amounts to fault. This fault has caused Ms X and injustice.

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Investigator's decision on behalf of the Ombudsman