London Borough of Croydon (19 020 554)

Category : Environment and regulation > Refuse and recycling

Decision : Upheld

Decision date : 05 Nov 2020

The Ombudsman's final decision:

Summary: Mr X complains about missed bin collections. The Council accepts that due to incorrect information on its database the collections did not happen as they should have from August to November. It has taken action to resolve the problems and collections are now taking place regularly. A remedy for the frustration and inconvenience caused to Mr X is agreed.

The complaint

  1. Mr X complains he had months of uncollected bins and that the bins were not always properly returned.
  2. Mr X says he is angry the service he is paying for was not provided and he had to take action himself to dispose of his waste.

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The Ombudsman’s role and powers

  1. 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)
  2. 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

  1. As part of the investigation, I have:
    • considered the complaint and the documents provided by the complainant;
    • made enquiries of the Council and considered the comments and documents the Council provided;
    • sent my draft decision to both the Council and the complainant and invited their comments.

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What I found

  1. Mr X’s reports of missed bin collections began in August 2019. He reported issues with both his refuse and recycling collections. The information provided by the Council shows that Mr X made nine reports of missed collections between 17 August and 30 November.
  2. The Council responded to Mr X’s formal complaint in December 2019. It explained that it had delivered new bins to Mr X earlier in the year. It said normally when this happens there is no action required by the resident and the new collections happen automatically.
  3. However in this case there was a problem with the collection database and Mr X’s details were not properly inputted and the collections were not activated. This also meant that Mr X was unable to report the problems online and he had to telephone to make reports of missed collections.
  4. The Council went on to explain that there was also a scheduling problem. Mr X had been registered for a recycling bag collection which resulted in some of the missed collections. The Council said it had visited the address and saw there was room for recycling bins which were then issued to Mr X. It also confirmed that all collections would now be on the same day of the week with the aim of ensuring the collections happen correctly.
  5. The Council said that these changes took place in November. However, Mr X reported missed recycling collections for two weeks at the end of November and beginning of December. The Council said this was not related to the previous problems but was related to the collection crew operating in that area.
  6. The Council ensured all outstanding waste was cleared from the area in November. It also put Mr X’s address onto its monitoring list and said it would continue to check until it was satisfied his collections are being completed regularly.
  7. The Council apologise to Mr X and acknowledged the frustration caused. It also sent Mr X £40 as a gesture of goodwill.

Analysis

  1. The Council accepts it missed collections and that this was as a direct result of failures with the information in the collections database. The repeated failure to collect Mr X’s refuse and recycling is fault.
  2. As a result of the incorrect details in the database, Mr X could not report the missed collections using the online reporting form. He had to telephone to report the problem. This was a less convenient way for Mr X to report the problems and caused further frustration. The inputting of incorrect details in the database was fault.
  3. I am satisfied that by November the issues had been identified and action taken to ensure collections would be carried out correctly. The Council put the collections onto the same day to streamline them. It also monitored the collections until it was satisfied they were operating correctly. After November 2019, Mr X has only reported one other missed collection in February 2020 (but also see paragraph 17), so it has to be assumed the problems are now resolved.
  4. It took the Council from August to November to fully resolve the issues and Mr X’s was affected for that period. He had to either keep the waste in his property, allow it to sit uncollected outside or make his own arrangements to dispose of it. Either way it caused frustration and inconvenience. I note the Council has apologised and paid Mr X £40. I am not persuaded this provides a suitable remedy for the injustice caused by the Council’s fault in this case and so I am recommending a further payment.
  5. I am aware there were two further missed collections in November and December. This was identified as being due to a different issue than the previous missed collections. After the reports were made, a collection was carried out within 48 hours and so I am not persuaded this caused a significant injustice.

Agreed action

  1. Within one month of my final decision, the Council will pay Mr X a further £110 to recognise the frustration, inconvenience and avoidable time and trouble experienced.

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Final decision

  1. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

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Investigator's decision on behalf of the Ombudsman

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