Summary: We will not investigate this complaint about a missed bin collection caused by the complainant being unable to present his bin due to COVID-19. This is because there is insufficient evidence of fault by the Council and the Council has already provided a remedy. In addition, we could not achieve the outcome the complainant would like.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council did not return to collect his rubbish after he was unable to present his bin as he was ill with COVID-19. He wanted the Council to return to collect the waste before the next scheduled collection in November.

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 an investigation if we believe:

• it is unlikely we would find fault, or
• the Council has provided a fair remedy, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I read the complaint and the response the Council sent to Mr X’s MP. I invited Mr X to comment on a draft of this decision.

Back to top

What I found

Bin collections

4. The Council collects general waste every three weeks. The website says the Council will not collect the waste if the bin is not presented by 7am on the collection day.

What happened

5. Mr X and his wife were ill and/or self-isolating with COVID-19. Mr X’s rubbish was due to be collected on 5 November. But, he was too ill to put the bin out and there was nobody to help him. Mr X contacted the Council on 6 November but was told he would have to wait for the next scheduled collection or take the rubbish to the tip. Mr X says the Council said he had not reported in advance that he would not be able to put out the bin.
6. Mr X says the bin is full and he cannot wait another three weeks. He also says he cannot go to the tip due to his health and self-isolating. He wanted the Council to return before the next collection due in late November. He complained to his MP.
7. The Council explained to the MP that people are required to present their bins on the collection day. It said it manages a large logistical operation to empty 24,000 bins a day. It explained it does not have resources to return to collect rubbish from people who had not presented their bins and, to do so, may mean the crews could not collect from the people who had put their bins out. It also said that if it returned to collect the waste from Mr X then it would need to provide the same service to other people for which it does not have the resources. As a goodwill gesture it said it would collect the outstanding waste on the next scheduled collection in late November.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. For understandable reasons Mr X could not present his waste for collection. However, the Council has explained why it cannot, and does not, come back to collect from people who have not presented their bin. The Council has acted in a way that reflects the information on the website and it has explained that it needs to treat everyone in the same way. In addition, the Council agreed to collect the outstanding waste which will have saved Mr X a trip to the tip. The next scheduled collection was in late November which is now in the past so an investigation could not achieve the outcome Mr X wanted.

Back to top

Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council, the Council has provided a remedy and I could not achieve the outcome Mr X wanted.

Back to top

Investigator's decision on behalf of the Ombudsman