Summary: Mr X complains about missed and incomplete rubbish collections. The Ombudsman will not investigate the complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr X, complains about missed and incomplete Council rubbish collections. He says he has spent time and trouble taking his rubbish to waste centres and in pursuing matters with the Council and would like to be compensated for the inconvenience and distress caused.

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’. 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:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. In considering the complaint I reviewed the information Mr X provided and gave him the opportunity to comment on my draft decision.

Back to top

What I found

4. In July 2020 Mr X contacted the Council to report a missed bin collection at his block of flats where large communal bins are used and was told there had been access issues for the refuse vehicle. Dissatisfied with this response, Mr X made a complaint to the Council. He said there had been recurring problems since he had moved into his flat and that at times the bins were not completely emptied.
5. The Council addressed his complaint at the two stages of its complaints procedure. At Stage 1 the Council explained that the crew had returned three times following his report of the missed collection but could not get clear access to the road with the refuse lorry and, due to health and safety reasons, the crew could not pull the bins further than 20m down the road to retrieve them. The Council apologised to Mr X and advised him that a memo had been issued to the crew about the matter to try and prevent a reoccurrence of the problem.
6. At Stage 2 of the complaints procedure the Council provided further detail of the access problems caused in the main by cars parked on road corners. It explained that when access is blocked crews are instructed to re-attend to try and get access at a different time of the day and that offending cars are leafleted with letters posted to the effected properties.
7. It further explained that the issues had been raised with the waste supervisor who had discussed them with the crews involved. The crews had been issued with a memo which will be used to take further action if proper care is not taken by them to ensure collection on the collection day. The Council apologised again and advised Mr X to report any further issues via its website.
8. Dissatisfied with the Council’s response, Mr X complained to the Ombudsman.

Assessment

9. The Council has acknowledged and apologised for the frustration and inconvenience caused to Mr X. It has taken action to try and resolve the problem and asked Mr X to report any further issues he experiences. I do not consider an investigation by the Ombudsman would be likely to add to that already undertaken by the Council or that a different outcome would result.

Back to top

Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman