Summary: A man complained about the Council’s continuing failure to provide him with a proper assisted refuse bin collection service. But we have no reason to start an investigation of this matter. This is because the man is satisfied with the Council’s recent commitment to improve its service in his case and he asked us to close his complaint as a result.

The complaint

1. The complainant, who I shall call Mr X, complained that the Council had failed to remedy a continuing problem with his assisted bin collections, despite the recommendations we made following his previous complaint about the same issue. The particular problem was that collection crews persistently returned Mr X’s bins to the wrong location, which meant he was inconvenienced by having to move the bins himself to access his property. Mr X was also unhappy about the Council’s failure to respond properly to his complaints about this matter.

Back to top

The Ombudsman’s role and powers

We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start an investigation if, for example, the person who complained is satisfied with the action the Council is taking to address their complaint. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

2. I considered the information Mr X provided with his complaint, and his comments when we spoke on the telephone. I also took account of the Council’s response to our enquiries in Mr X’s case.

What I found

3. The Council offers an assisted collection service for residents who are unable to move their refuse bins. Mr X qualifies for this service because of his medical conditions. Collection crews are meant to collect Mr X’s bins from a specific location and return the empty bins to the same place.
4. Last year Mr X complained to us about problems with his assisted bin collections going back a couple of years.
5. After an investigation we concluded there was fault by the Council due to its repeated failure to return Mr X’s bins to the agreed location over a lengthy period of time, and its failure to escalate Mr X’s complaint to the final stage of its complaints procedure. To address the unnecessary frustration and inconvenience this caused Mr X we recommended that the Council should apologise, pay him a financial remedy, and carry out further monitoring of its service.
6. Around eight months later, Mr X complained to us again about a continuation of the same problems with his bin collections and the Council’s failure to respond properly to his concerns about this matter.

Analysis

7. In response to our initial enquiries in Mr X’s case the Council undertook to review his new complaint at the final stage of its complaints procedure.
8. The Council subsequently sent a comprehensive final response acknowledging numerous failings on its part in the way it dealt with Mr X’s further concerns and complaints. As a result the Council offered Mr X an apology and an additional financial remedy. It also committed to carry out further monitoring of Mr X’s collections, report its findings to him, and provide him with a named officer in the Council who he could contact in the event of any future problems.
9. Mr X confirmed he was satisfied with the Council’s new response to his complaint and, as a result, he asked us to close his case.
10. In the circumstances there is no reason for us to start an investigation of Mr X’s complaint.

Back to top

Final decision

11. Mr X complained about the Council’s persistent failure to provide a proper assisted refuse bin collection service in his case. However we will not investigate Mr X’s complaint. This is because Mr X said he is satisfied with the Council’s recent response to his complaint and he asked us not to pursue matters further in his case as a result.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman