Summary: Mr X complained the Council repeatedly failed to collect the communal waste from his block of flats on the scheduled days or in a timely manner when collections were missed. The Council’s failure to make regular and complete waste collections is fault. This fault has caused Mr X am injustice.

The complaint

1. The complainant, whom I shall refer to as Mr X complains the Council repeatedly failed to collect the communal waste from his block of flats on the scheduled days or in a timely manner when collections were missed. He states this led to an accumulation of waste which smelt unpleasant and attracted rats.
2. Mr X also complains the Council failed to review the adequacy of the container provision or increase the frequency of collections.

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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 a council’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;
• 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. Councils can decide the frequency of collections and the type of bins or boxes people must use.
7. The Council’s Domestic Recycling and Waste Service Specification states that high rise properties will be provided with communal facilities for recycling and refuse. The number and size of bins will be appropriate to the number of households in the development as will the frequency of collection.
8. Many high rise properties operate a central chute system for waste collections. The service specification states it will be essential to minimise the number of containers provided to these properties whilst providing adequate capacity for recycling and refuse collection. It will periodically review container provision to ensure it is appropriate and adequate.
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. Mr X lives in a block of flats, and his property overlooks the communal bin storage area. He states he has been complaining about problems with the waste collection service for around three years and has reported each missed collection. Mr X states that when collections are missed or incomplete during the summer months the stench from the accumulated waste is horrendous. He also complains it attracts rats and has in the past led to a significant rat infestation in his building.
11. Mr X states he asked the Council to ensure it collected all the waste, including any excess bags at each visit and to increase the number of visits from two to three each week.
12. According to the Council’s records, Mr X reported ten missed collections between August 2020 and June 2021, most of which relate to collections scheduled for a Monday. The reports are all closed which indicates the Council has since made the missed collections. However, the dates these reports were closed do not suggest the Council made the collections in a timely manner. Only one report was closed the same day, with the majority of reports being open for over 10 days. This is curious as there should have been a second collection each week, when the Council could have closed the reports.
13. The Council states there may be a delay between when it goes out to collect a missed collection and when it closes the report, so it is not necessarily the case that it also missed the intervening collections. However, the Council has not provided evidence of the dates it made the missed collections where they are different to the date the report was closed.
14. In February 2021 Mr X also made a formal complaint about the collection service. He complained that although he had made three formal complaints over the last 12 months the collection crew had again arrived at his block of flats and left without emptying the bins. Mr X reported the Council had missed the Monday collection three weeks in a row. Although the collection crew had since returned to empty the bins, they had not collected the excess bags of waste. Housing staff had now moved the bags into the bins, which were full again. Mr X provided photographs of the missed and incomplete collections.
15. The Council’s response confirmed it had passed Mr X’s photographs and emails to the Refuse and Recycling manager to take appropriate action. Mr X did not consider this resolved his complaint and asked the Council to review his complaint. The Council then confirmed the Principal Operations Manager was discussing the matter with the managing agents to the building so that collections could return to schedule.
16. Mr X states the service has improved over the last few months, and the Council has increased the number of collections it makes each week.
17. In response to my enquiries the Council states most high rise building receive up to two collections per week. This can be reviewed based on crew feedback, discussions with managing agents/ landlords or complaints from residents or their councillors/ MPs.
18. The Council does not consider there has been a repeat failure to collect communal waste. Rather, it states there is a known problem with tenants not using the bin chutes provided and using the overspill bins instead. This gives the impression of a missed collection.
19. In addition, the Council states that for health and safety reasons the collection crews have been instructed not to collect excess waste from Mr X’s block of flats. It states the containers should only be emptied with the lids fully closed. The Council states it has been advised of tenants throwing bags out of their windows when they see the crew arrive. When this happens, the crews will take photographic evidence.
20. The Council states that any additional collections, that is three or more each week, is a chargeable service via its commercial waste team. The Council has reached an agreement with the managing agents for Mr X’s building to provide additional containers and increase the frequency of collections.

Analysis

21. It is clear from the documentation that there have been issues with the waste collection service for Mr X’s block of flats. The Council’s records show Mr X has reported 10 missed collections over the last 12 months, but I note Mr X’s complaint correspondence refers to other missed/ incomplete collections not included in the Council’s log.
22. The Council considers the issues are a result of misuse by tenants, rather than problems with the collection service. But I have not received any evidence the Council has sought to address this misuse or issues of excess waste with tenants or the managing agents. The Council’s responses to Mr X’s complaint do not refer to a failure to use the waste chutes or other misuse by the tenants but apologise for ongoing problems and state a manager will take appropriate action.
23. The Council was clearly aware of the level of excess waste produced by the building and had instructed crews not to collect it. This did not address or resolve the problem of accumulated waste.
24. The Council’s service specification states it will periodically review container provision to ensure it is appropriate and adequate. I have not received any details of these reviews. The Council has recently provided two additional containers which has improved the service, but this appears to have been prompted by Mr X’s complaints, rather than a planned review. Had the Council routinely reviewed the provision and provided additional containers, this would have eased, if not resolved, the issue of bags of waste left next to the containers sooner.
25. I consider there have been failings in the waste collection service from Mr X’s building and in the way the Council responded to Mr X’s complaint which amount to fault.
26. Having identified fault, I must now consider whether this has caused Mr X an injustice. The position of Mr X’s flat in relation to the communal bin store means he has experienced unpleasant smells, unsightly excess waste and rodents associated with uncollected waste. He has also experienced frustration and disappointment and has been put to unnecessary time and trouble in trying to resolve this matter.

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Agreed action

27. The Council has agreed to apologise to Mr X and pay him £100 in recognition of the frustration and difficulties the failure to make regular and complete waste collections has caused.
28. The Council should take this action within one month of the final decision on this complaint.

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Final decision

29. The Council’s failure to make regular and complete waste collections is fault. This fault has caused Mr X am injustice.

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Investigator's decision on behalf of the Ombudsman