Summary: Mr X complained about failings in the Council's assisted collection service. The repeated failings in the assisted collection service the Council provided to Mr X amount to fault. This fault has caused Mr X an injustice.

The complaint

1. The complainant whom I shall refer to as Mr X complained about failings in the Council's assisted collection service. He states the collection crews have repeatedly:
• failed to take his bins to the refuse vehicle to empty, instead collecting his waste by bin dipping;
• failed to close the bins after emptying them;
• failed to close his gate; and
• failed to collect his household waste and recycling.
2. Mr X also complains that despite repeated complaints and assurances the service would improve, the problems have continued. He states this has caused him unnecessary stress and affected his health and well-being.

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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. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by Mr X;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with Mr X; and
• 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

Refuse and recycling collections

6. Councils have a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in its area. The collections do not have to be weekly and councils can decide the type of bins or boxes people must use.
7. The Council's practice is to make a weekly household waste collection and a fortnightly recycling collection.
8. The Council provides an assisted collection service for people who are unable to move their bins and boxes due to a disability or age. The Council should collect the bins from the storage point and return them to the same point.
9. When a resident reports a missed collection, the Depot will ask the crew to return to complete the round as soon as possible. When the Council has completed the collection, it closes the report.

What happened here

10. This is Mr X’s second complaint to the Ombudsman about the assisted collection service he receives. In 2020 we upheld Mr X’s complaint about repeated failings in the assisted collection service the Council provided to Mr X. Mr X complains that although the service improved intermittently, the problems with his collections are ongoing. He states there is a pattern where the service will begin to improve, but as soon as the regular collection crew are off, the problems start again.
11. Mr X made formal complaints to the Council about missed collections; the crew taking sacks of waste out of his bin (bin dipping) and carrying them to the collection vehicle rather than taking his bin to the vehicle; not returning his bin and not closing his gate throughout 2021.
12. In response to each of these complaints, the Council confirmed that bin dipping was not an acceptable practice and was potentially a health and safety issue. It also confirmed each time that it had alerted the manager who would ensure the crews were reminded again that bin dipping must cease immediately. The Council also reminded crews of Mr X’s assisted collection status and the need to return his bins to the front of his property
13. The Council advised in March 2021 that it would monitor Mr X’s collections for the next four weeks. Mr X questions whether monitoring took place as the problems continued and he made further complaints.
14. According to the Council’s records, Mr X also reported four missed collections in 2021. The Council closed the first report on the next scheduled collection date, but the other three reports were open for much longer. For example, Mr X reported a missed collection on 8 July 2021 which the Council closed on 26 July 2021, even though there were two scheduled collections in the intervening period. Similarly, the Council closed Mr X’s report of 11 November 2021 on 29 November 2021 where again there were two scheduled collections in the intervening period. It is unclear, if the Council made the other scheduled collections, why it did not close these reports sooner.
15. Mr X has asked the Ombudsman to investigate his complaint as despite the Council’s repeated assurances the situation would improve, the problems with his waste collections continued. He is unhappy that although the Council has confirmed bin dipping is not an acceptable practice and has instructed the crews not to do this, the crew continue to take the bags out of his bin and carry them to the collection vehicle. Mr X states this means they have their hand full and so do not close the bin lid or his garden gate.
16. He states he has a number of long standing medical conditions and the ongoing problems with his collections are having a detrimental effect on his health and wellbeing.
17. In response to my enquiries the Council states there is no definitive explanation for the repeated failure to correctly empty Mr X’s bins, close the lid or the gate. It suggests it may simply be a performance issue that needs addressing.
18. The Council has no record of any monitoring being carried out in March / April 2021 and does not consider there has been a delay in resolving this matter. It suggests the situation has stabilised since November 2021 as Mr X has not made any further complaints or reported any missed collections.

Analysis

19. Mr X is registered for assisted collections, so his bins should be collected and returned to the agreed point, with the lids closed. It is clear from the documentation that this has not routinely happened. The Council does not dispute that rather than move Mr X’s bin the crews have been taking the bags out of his bin and carrying them to the collection vehicle. This is an unauthorised practice, which the Council has repeatedly said should cease immediately, but has nevertheless continued.
20. The Council’s reminders and instructions to the collection crews appear to have been ineffective in changing this practice. And it is disappointing that although the Council told Mr X it would monitor his collections in March/ April 2021 to try and resolve this issue, it did not do so.
21. It is also concerning that Mr X has had to complain to the Ombudsman about these problems with his assisted collections for a second time. The Council states there was no delay in resolving the issue, but the documentation does not supported this assertion. Mr X states the service started to improve at the end of 2021, which is to be welcomed, however he had been complaining about the service since the beginning of 2021. The Council cannot therefore be said to have resolved this matter promptly, or without delay.
22. There have also been missed collections. Although not a significant number, the dates the Council closed these reports suggest either that it delayed in collecting the missed household waste or that its records are inaccurate.
23. The failings in the assisted collection service the Council has provided to Mr X amounts to fault.
24. Having identified fault, I must now consider whether this has caused Mr X an injustice. It is arguable that provided Mr X’s waste is collected, the manner in which it is done should not affect him. However, Mr X states this practice of carrying the sacks to the collection vehicle rather then moving the bin, means the crew cannot, or do not, always close his bin lid or the gate to his garden. As Mr X is unable to close the lid or his gate himself, he has to rely on others to assist him. Mr X has also experienced frustration and disappointment, that despite repeated complaints there were still failings in the assisted collection service he received. Mr X has been put to unnecessary time and trouble in trying to resolve this matter.

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Agreed action

25. The Council has agreed to apologise to Mr X and pay him £100 in recognition of the frustration and difficulties the repeated failings in the assisted collection service have caused.
26. The Council should take this action within one month of the final decision on this complaint.

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Final decision

27. The repeated failings in the assisted collection service the Council provided to Mr X amount to fault. This fault has caused Mr X an injustice.

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Investigator's decision on behalf of the Ombudsman