Summary: There is fault by the Council in its handling of a complaint regarding refuse collection. Mr X was put to time and trouble. The Council has agreed to our recommended remedy.

The complaint

1. The complainant, whom I refer to as Mr X, complains that when the refuse collection team collect refuse, all his neighbours’ bins are left in front of his property. He then has to return the bins to the rightful owners which takes a lot of his time. This has become a nuisance and he would like it solved. He says when he complained before it would improve but then get back to normal after a while.

Back to top

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)

Back to top

How I considered this complaint

4. I have considered Mr X’s complaint and the copy correspondence he provided. I have made enquiries of the Council and considered the comments and documents the Council provided. Mr X and the Council had an opportunity to comment on my draft decision. I have considered their comments before making a final decision.

Back to top

What I found

5. Mr X lives in a private development. He started complaining in 2017 regarding the Council’s refuse collection team not returning bins to the right place. He says he has to spend 10 minutes every week removing and returning bins which are left outside his property and which block cars.
6. In its response to my enquiries the Council stated that:
• There are no formal bin storage areas on the estate. It says that residents store bins where they find it convenient, reasonably close to their homes.
• The Council cannot insist that the owner of the development creates a bin storage area, as it does not have powers to do this. It was not required by a planning condition.
• Residents store their bins on the footway/ highway. This would normally be treated as a highway contravention. However, the Council says this does not affect anyone else, so it is not in the public interest to take enforcement action.
• The Council does have some powers to require residents to present bins at a collection point, but it has not formally sought to do so, as this would not resolve Mr X’s complaint.
• The Council’s refuse operatives do not know which bin relates to which property. Residents store their bins at the rear of their properties. Gates or other access points are not generally marked with house numbers. The bins are also not marked with house numbers, so it is not possible to know which bin belongs with which house number.
7. The Council also said in its response to our enquiries that Mr X advised it that he often moves bins back to the position he thinks they should be in. But the Council says it has no evidence that these positions represent the view of any residents other than Mr X. Therefore, it says it cannot comply with Mr X’s expectations.
8. The Council has sent evidence of complaints from Mr X and other residents in the form of a list showing dates of complaints. It says that no one else has raised the same issue. However, it is not clear from the list what issues residents raised.
9. The Council has not provided evidence regarding the monitoring carried out or the supervisor’s visits.
10. The Council does not have a written policy regarding placement of bins and their return after collection. It explains this is because there is a wide range of collection locations within the borough which require a variety of different approaches when collecting. However, generally bins should be “returned to the proximity of the collection address.”

Analysis

11. In Mr X’s road, there is no apparent designated point for the storage or presentation of bins on collection day. Some bins and properties are not identifiable. I accept that the Council’s refuse operatives would find it difficult to return bins to a specific place.
12. However, I have not seen evidence to support the Council’s view that Mr X requires the bins to be returned to specific positions for each property. It does not appear that Mr X’s expectations are as precise as the Council describes.
13. In Mr X’s complaints that I have seen, he states that the operatives have returned bins unevenly and they are left clustered around the rear of his home. This has prevented access to his home, and blocks cars. He asked the Council to return bins evenly against the wall, and not to leave bins clustered behind his home. It appears the Council has misrepresented Mr X’s expectations and it has not fully understood Mr X’s complaint. I consider this is fault.
14. I have considered the Council’s point that no other residents have complained regarding the issue. But as I have noted above I have not seen evidence about the other issues raised in complaints. In addition it is possible that Mr X is the person most affected by the alleged non return of bins.
15. I note the Council says in its final response to Mr X’s complaint in March 2020 that it accepts the service was not satisfactory. It said that there “do seem to have been consistent issues with the return of waste collections.” It also said that the team would seek alternative measures to try and resolve the issue.
16. However, in response to my enquiries the Council’s position changed and it said it could not meet Mr X’s requirements. It had considered a potential resolution such as requiring numbering of bins and gates but had decided this would be heavy handed.

Back to top

Agreed action

17. While the Council does not agree it is at fault it says that it will monitor the collection of waste and return of bins for a further period. The Council will try to ensure that bins are redistributed back around the close to ensure they do not cause obstructions of the pavement or parking spaces. The Council also said it has added a permanent reminder has been to the onboard computer, to remind the crew to return containers after collection. I welcome this, but I consider the Council should also within 6 weeks of my decision:
• Pay Mr X £100 to recognise his time and trouble.
• Provide a copy of its monitoring reports confirming whether or not bins were returned evenly, not blocking access to the rear of Mr X’s home or residents’ cars.

Back to top

Final decision

18. The Council has agreed to my recommendations so I have completed my investigation and closed the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman