Summary: On the evidence currently available, we will not

The complaint

1. Mr X complains that the Council failed to empty his recycling bin on one occasion, causing him frustration and inconvenience. He is also unhappy about how the Council handled his complaint.

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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 would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement

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

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How I considered this complaint

3. I considered the information Mr X provided with his complaint and the Council’s response to all stages of the complaint. I considered the recycling information and Contamination Policy on the Council’s website. Mr X had the opportunity to comment on the draft version of this decision. I considered any comments received by Mr X before making a final decision.

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What I found

4. The Council did not empty Mr X’s recycling bin on one occasion. On the morning of bin collection day, the Council had applied stickers to the recycling bin which explained what items can and cannot be accepted. Mr X said he was informed by the refuse crew when he spoke with them that this would start from next week. However later that morning, Mr X noticed his recycling bin had not been emptied. Another sticker had been placed on his recycling bin explaining it had been contaminated with tissues which were not acceptable.
5. Mr X complained to the Council immediately. He believed he was not given enough notice as the stickers which described what items can and cannot be accepted were placed on his recycling bin shortly before the refuse crew arrived to check and collect the bins. Mr X said he had always placed tissues in his recycling bin for the last eight years and it had always been emptied. He added that the tissues are 100% recyclable. Mr X questioned if the Council placing stickers on bins and checking the bins was a new procedure. He also asked why the refuse crew said it would take effect from the following week when his recycling bin had been rejected on that same day.
6. The Council responded to Mr X and explained his recycling bin was not collected as it contained tissues which do not meet the criteria for the material’s recycling facility. Some materials imply they are recyclable however at this time, they are not accepted by the treatment facility. The Council added it has never said tissues are an acceptable item for the recycling bin and instead, they should be placed in the black bin.
7. The Council said its policy on recycling has been in place for several years and has not changed. Guidelines on what items can and cannot be accepted have remained the same. The stickers placed on the bins are a reminder to residents of items that can and cannot be accepted.
8. Although Mr X’s recycling bin had not been rejected before, the Council stated this does not mean its approach has changed. If a member of the refuse crew becomes aware of a contaminated bin, they are to reject the bin and place a sticker on it explaining their reasons why. The refuse crew are required to empty a considerable amount of bins therefore there is a possibility some bins may be missed.
9. The Council said it actively promotes the rules on recycling on its website, press releases, social media and by placing tags on bins. The Council added it has always advised residents to check its website for further information.
10. The Council said it could not identify what the refuse crew said to Mr X. If the refuse crew did say it would start the following week, then this information was wrong for which the Council apologised.

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Analysis

11. We will not start an investigation for the following reasons:
12. Mr X’s recycling bin was not emptied on one occasion because it was contaminated with tissues. The Council has provided information on recycling including a list of acceptable and unacceptable items on its website.
13. The Council also has a Contamination Policy which is available on its website for residents to view. The Council acted in line with its Contamination Policy.
14. Therefore, there is insufficient evidence of fault by the Council and Mr X has not been caused a significant injustice.
15. We will not usually investigate complaints of one or two missed collections. We do not expect councils to pay a financial remedy for a single missed collection or a limited number of missed collections. Councils do not give council tax refunds for missed collections and we do not expect them to.

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Final decision

16. The Ombudsman will not investigate this complaint. This is because there is insufficient evidence of fault by the Council and Mr X has not been caused a significant injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman