Birmingham City Council (20 011 230)

Category : Environment and regulation > Refuse and recycling

Decision : Upheld

Decision date : 01 Nov 2021

Summary: Mrs X complained the Council has consistently failed to return the communal bins serving her block of flats to the correct area since the summer of 2020. Mrs X states the bins are very heavy and she struggles to move them back to their collection point, particularly in the winter, when there is snow or ice.

Finding

The Ombudsman upheld the complaint and found fault found causing injustice and recommendations made.

Recommendations

To remedy the injustice caused, we recommend the Council:

  • apologise to Mrs X and pay her £150 to recognise the frustration and difficulties the failure to return the communal bins has caused and the time and trouble Mrs X has been put to; and
  • contact Mrs X to explain the steps it will take, and when, to ensure that the bins are returned to the collection point. (The steps may include, for example, interim arrangements for the bins to be returned by an agreed person/people, while arrangements are made for a longer-term solution, such as dropped kerbs or a change in collection point.)

We are proceeding by way of report as the Council did not agree to these recommendations when a draft decision was issued setting out our initial view. The Council has subsequently agreed to our findings and recommendations which we welcome. But, we are issuing this report because we are also concerned that this and other cases demonstrate there remain significant ongoing systemic issues within the Council.

Ombudsman satisfied with Council's response: 12 April 2022.

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