Summary: Mr X complained the Council failed to collect his bulky waste items and did not offer a suitable rearranged collection. We have discontinued our investigation as the Council has now accepted fault and offered to apologise and pay Mr X for his expenses and for the time and trouble it has taken him to complain.

The complaint

1. Mr X complains the Council:
• failed to collect his bulky items,
• could not offer him a new appointment for three weeks, and
• told him to put the by now wet and vandalised items back in his home until it could collect them.
2. Mr X says due to the Council’s fault he had to arrange collection by a private company which cost him money.

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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. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I have considered Mr X’s complaint and the Council’s response to Mr X and to my enquiries.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

7. In January 2020, Mr X booked and paid for the Council to collect his bulky goods. The collection date was scheduled for 29 January. Due to a system error, the Council missed the collection.
8. When Mr X contacted the Council, it offered to rearrange collection for a date two weeks later. Mr X said the Council told him he should put the collection items that had been vandalized and soaked in the rain back into the house and wait for the next slot available. Mr X complained to the Council.
9. The Council apologised for the system error which resulting in the missed collection. The Council said it also offered to arrange collection a week earlier than the date previously offered.
10. Mr X decided to instruct a private company to collect the items instead. He said this was necessary since he felt it was unreasonable for his furniture to be on the street for this length of time. Mr X disputes ever being offered a suitable alternative date. The Council’s complaint response seems to support this.
11. The Council then refunded Mr X the original collection cost but declined to cover his expenses for the private hire. The Council said it felt this was his decision and it was not liable for the cost.

My findings

12. I sent the Council my enquiries to inform my investigation. In response, the Council said it had reviewed the case and the available evidence provided by the Council’s contact centre and city’s waste company. The Council said this did not sufficiently support the Councils position as stated in its Stage 2 response.
13. The Council accepted fault and offered Mr X an apology and £200 (£100 for his privately arranged collection, £25 refund of the Council’s original fee, and £75 acknowledgement of his time and trouble for progressing the complaint).
14. Mr X accepts the Council’s suggested remedy. This is a satisfactory outcome and I do not consider that any further investigation on my part, would result in a better one. I have therefore discontinued my investigation.

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Final decision

15. I have discontinued my investigation. During the course of my investigation, the Council accepted fault and offered a suitable remedy. I do not consider that further investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman