Summary: Mrs X complained about several missed assisted waste collections. The Ombudsman finds the Council was at fault for failing to collect her waste. However, the Council has apologised and put measures in place to correct the problem. This has provided an appropriate remedy for the injustice caused.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained that the Council repeatedly failed to collect her household waste.
2. Whilst the problem has now been resolved, Mrs X says the Council has not done enough to properly acknowledge the distress she suffered and the discrimination she felt.

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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. In considering the complaint I reviewed the information provided by Mrs X and the Council. A draft version of this decision was sent to both parties to comment upon.

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What I found

6. Mrs X first contacted the Council to complain about missed assisted waste collections in November 2019. She said her last collection had been in September 2019.
7. The Council responded under stage one of its complaints procedure. It apologised that collections had been missed and said it had liaised with its external waste contractor to ensure the problem did not reoccur. The local Neighbourhood Office was asked to monitor the situation.
8. Mrs X was dissatisfied with this reply. She said her bin had not been collected the previous week and there were times when recycling waste was collected instead. She also expressed her disappointment that the Council has failed to acknowledge the stress and embarrassment the matter had caused her and had breached her rights as a citizen to live in an environmentally healthy way. She felt as a disabled person she had been discriminated against. She requested a sincere apology and a reassurance that her waste would always be collected in future.
9. The Council investigated under stage two of its complaints procedure. The Council said it was not able to provide a definitive confirmation that there would be no further missed collections as there may be occasions where this may happen beyond its control, for example, a vehicle breakdown.
10. The Council confirmed further measures had been put in place to ensure the service ran as it should. These included:

• On board notification to crews that the property was entitled to an assisted collection.
• Monitoring of the service.

11. Mrs X says she had to complain again because her bin was not replaced correctly.
12. Mrs X has confirmed to the Ombudsman that her waste has been collected correctly since January 2020. However, she remained dissatisfied with the Council’s handling of the matter.

Analysis

13. I have found the Council was at fault for failing to collect her waste between September and November 2019 and then at least one further time after she had complained formally about the matter.
14. Mrs X suffered inconvenience and frustration as a result of this fault, and she was put to time and trouble pursuing the matter. In response to her complaint, the Council has apologised and taken steps to address the problems so it can avoid these issues in future.
15. However, I have found no evidence to support Mrs X’s view that the Council’s actions were discriminatory or that the apology was insincere. I agree the Council cannot provide a cast iron guarantee about what will happen in the future for the reasons it has given.
16. This was a proportionate and reasonable response to Mrs X’s complaint, and the Ombudsman could not achieve more for her.
17. Mrs X has confirmed that her waste has been collected according to the Council’s collection schedule since the Council responded to her complaint. This is a satisfactory outcome to her complaint and I therefore do not intend to pursue this issue further.

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Final decision

18. I find the Council was at fault in failing to collect Mrs X’s household waste on a number of occasions. However, I am satisfied the Council has provided an appropriate remedy for the injustice caused. I have completed my investigation on the basis I am satisfied with the Council’s actions.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman