Summary: Miss B complains the Council has repeatedly failed to either collect her household waste or, if it does so, the bin is not returned to the correct place. Miss B has an assisted collection and the failure to return the bins correctly means it can be difficult for her to access her property. Sometimes there has been an accumulation of waste because of missed collections. There was fault in the service provision but the Council has responded appropriately so further investigation is not warranted as it will not achieve anything more for Miss B.

The complaint

1. Miss B complains the Council has repeatedly failed to either collect her household waste or, if it does so, the bins are not returned to the correct place. Miss B has an assisted collection and the failure to return the bins correctly means it can be difficult for her to access her property. Sometimes there has been an accumulation of waste because of missed collections.

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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. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the injustice is not significant enough to justify our involvement, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), 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. I considered the complaint and documents provided by Miss B and spoke to her. I asked the Council to comment on the complaint and provide information. Miss B and the Council now have an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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What I found

6. Miss B complained about problems with her assisted waste collection at the end of 2017. In response the Council said it had given the team instructions and it would monitor the service for a period.
7. In June 2019 Miss B complained that the rubbish had not been collection for four weeks. The Council responded apologising that there had been further problems. Again it said the team had been spoken to and collections would be monitored. Immediately after the response was sent Miss B complained that her next collection was missed.
8. The Council responded in early August. It said it had raised the matter with the individual driver and loader concerned and the area supervisor was monitoring their conduct to ensure a satisfactory collection service was provided in future.
9. In November Miss B complained to the Ombudsman that the problems were persisting. She said in early January 2020 that the rubbish had not been collected for three weeks and in February that there was a further missed collection. There is nothing to show the Council went back to Miss B about these instances.
10. In April there were a couple of instances of the bin not being returned to the correct position and in August a further missed collection. Miss B says there was another occasion when there was a problem but she cannot say exactly when that was and the Council do not have a record of it.

Analysis

11. The Council responded in 2019 when Miss B complained; the crews were reminded of the correct procedure and the Council wrote to Miss B. When the problems recurred after November and into 2020 the Council says the individual instances were referred to the service - they were not escalated as a complaint. I do not consider there was anything wrong with that as Miss B had not said she wanted to raise a complaint.
12. Overall there is some improvement in the service. But, that said, there have still been instances over the last six months when it has not worked as it should. The most recent of these was where again Miss B’s wheeled waste bin was not collected. In responding to that an officer of the Council visited Miss B and apologised. Officers also spoke to the crew and have put a sticker on the bin so it is clear that it is for assisted collection. The Council has committed to monitor collections for a few weeks.
13. It is clear that the service Miss B has received has fallen short of acceptable standards. But I do not consider that I can achieve anything more by further investigation. I consider the Council has responded to the most recent incident appropriately and will monitor the collections for a few weeks. If problems do start again then Miss B should raise that will the Council. If she is not satisfied with the way the Council responds she can make a further complaint to us.

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Final decision

14. There was fault in the service provision but the Council has responded appropriately so further investigation is not warranted as it will not achieve anything more for Miss B.

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Investigator's decision on behalf of the Ombudsman