Summary: Mr X complains about how the Council has dealt with his refuse and recycling concerns. The Council was at fault for repeatedly failing to collect Mr X’s household waste on the scheduled collection days. The Council was also at fault for its poor communication with Mr X and its failure to follow its complaints procedure. This caused Mr X distress, inconvenience, frustration and time and trouble. The Council will take action to remedy the injustice caused.

The complaint

1. Mr X complains about how the Council has dealt with his refuse and recycling concerns. In particular he complains about the Council’s:

• persistent missed waste collections
• replacement of his large 240 Litre bin with a smaller 140 Litre bin
• failure in following its complaints procedure.

2. Mr X says the Council’s failings have caused him significant distress, time and trouble chasing missed bin collections and making complaints to the Council.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. 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)
5. 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

6. I have considered the information Mr X submitted with his complaint. I considered the information the Council provided in response to my enquiries.
7. I sent Mr X and the Council a copy of my draft decision and considered all comments received before reaching a final decision.

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What I found

8. 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 size and type of bins or boxes people must use.

Council’s Household Waste Collection Service Policy

9. The standard service collection of 140 Litre domestic and 240 Litre recycling is every two weeks. While the standard service collection of food waste is weekly.
10. Residents can find information about their collection days and view an online calendar on the Council’s website.
11. Unless otherwise notified, bins are emptied on the same day of each week and should be placed out for collection on alternate weeks. Food waste bins and sacks are collected weekly.
12. Only bins that have been missed by the collection crew will be returned to…

… Residents are required to report missed bins via the online missed bin form by 12 midnight the working day after the scheduled collection. We will return to genuinely missed bins within 7 working days of it being reported…….

13. If bins cannot be collected on the due day they will not be emptied until the next collection.
14. Excess recyclable waste can be placed in cardboard boxes by the side of the bin/box on collection day.
15. The Council reserves the right to amend the collection frequency and time of collections at any time and for any reason.

What happened

16. This chronology includes key events in this case and does not cover everything that happened.
17. The allocated bin collection day for Mr X’s property was Thursday.
18. On 1 February 2021, the Council introduced changes to its waste collection services. The changes included the introduction of weekly food waste collections and the provision of 140 Litre general waste bins to properties with kerbside collections.
19. Following the introduction of the changes, the Council allocated Monday as the new bin collection day for Mr X’s property.
20. In February 2021, Mr X reported three missed bin collections. Mr X informed the Council of his concerns about his bins not being collected on the new allocated collection day. He said the missed bin collection issues started at the beginning of February when the Council introduced its new waste collection services. Mr X confirmed the crew returned the following day, Tuesday, to collect the first two missed bins but it did not return to empty the third missed bin. He asked the Council to clarify why his bins were not collected on Mondays, the allocated collection day for his property. The Council informed Mr X its crew would return on the Saturday of the week to collect the third missed bin he reported. The Council said it would remind its crew to carry out the scheduled bin collections on Mondays for Mr X’s property going forward.
21. On 15 March 2021, Mr X reported another missed bin collection. He made a formal complaint to the Council. Mr X said the Council in its previous response failed to satisfactorily answer his question about why his bins were not collected on Mondays. Mr X also complained the Council replaced his 240 Litre general waste bin with a smaller bin without his consent. He queried why the Council would swap his bin for a smaller bin when it was regularly failing to collect his bins on the allocated day. Mr X asked the Council to respond to the initial concerns he raised about why it regularly failed to collect his bins on Mondays. He asked the Council to return his 240 Litre bin and to ensure its crew collected his bins on Mondays as stated on its website.
22. Following Mr X’s complaint, he reported three further missed bin collections in March 2021.
23. In early April 2021, Mr X chased the Council for its response to the complaint he made to it in March 2021. He said the Council’s failure to empty his bins had led to a build-up of excess waste. Mr X explained he did not have the facility to take the waste to the recycling centre. He also complained the Council failed to contact him within 5 working days as promised on each occasion he reported a missed collection. He asked the Council to confirm if his property was on the crew’s schedule and to explain why it changed his general waste bin to a smaller one.
24. The Council apologised to Mr X for the delay in responding to his complaint. The Council explained it had forwarded Mr X’s complaint to its waste services team with the hope the issues would have been resolved informally. The Council confirmed it would escalate Mr X’s complaint to a formal complaint and it would issue its response by 15 April 2021. It said it would also investigate why Mr X’s recent contacts were not dealt with within its 5 working days timescale.
25. On 8 April 2021, the Council called Mr X to discuss his complaint. The Council informed Mr X it had investigated why his bins were not collected on Mondays. It said the missed collections issue was caused by the confusion over the collection crews, the bin collection points and dates. The Council explained the crew that was scheduled to collect Mr X’s bins on Mondays were not aware he presented his bins at the rear of his property. This was why the bins were not collected on Mondays. But it confirmed Mr X’s bins were collected on Tuesdays by another crew which serviced the street at the rear of Mr X’s property where he presented his bins.
26. The Council apologised to Mr X for the confusion and informed Mr X his new bin collection day would be Tuesday going forward. It confirmed both crews would continue to collect bins from the rear of Mr X’s property until it had notified other affected residents of the new collection day as Tuesday. The Council informed Mr X it would not return his 240 Litre general waste bin, but it could provide him with a larger recycling bin (360 Litre). The Council sent Mr X a follow up email with details of the telephone discussion.
27. Mr X replied to the Council, he thanked it for the phone call and for hopefully resolving the waste collection issue. The Council provided Mr X with its direct contact details if he had any further issues. The Council closed Mr X’s complaint.
28. Mr X reported two further missed bin collections in April 2021 following his telephone conversation with the Council. Mr X said there was still some confusion with the Council’s waste service crews about his bin collection days because his bins were not collected on Tuesdays. He alleged the Council failed to update its website and send him a letter clarifying his revised collection day. Mr X said the Council also failed to send him its written response to the complaint he made in March 2021 which was not in line with its complaints procedure. He asked the Council to confirm if his bin collection day was Monday or Tuesday. Mr X said his complaint had not been resolved and he asked the Council to escalate his complaint to stage 2.
29. In mid-May 2021, Mr X reported a missed bin collection. The Council returned to empty Mr X’s bin.
30. The Council replied to Mr X. The Council informed him it considered it had resolved his complaint informally during the telephone conversation on 8 April 2021. It apologised if Mr X felt his complaint had not been resolved and for its poor standard of service. The Council maintained it would not return the 240 Litre bin to Mr X. It told Mr X he could present any excess recycling in cardboard or clear plastic bags on his collection day. The Council confirmed his complaint had been escalated to stage 2.
31. On 26 May 2021, the investigating officer (IO) contacted Mr X to discuss his stage 2 complaint. The IO upheld Mr X’s complaint about the multiple missed collections he experienced between February and May 2021. This was due to some confusion about Mr X’s bin collection point and collection day. The IO explained his 240 Litre bin was replaced with a 140 Litre bin because the Council introduced weekly food waste collections and provided its residents with smaller bins. Therefore, the IO did not uphold this part of Mr X’s complaint. As regards how the Council responded to Mr X’s missed collection enquiries and complaint, the IO partly upheld Mr X’s complaints. This was because the Council contacted Mr X to discuss his complaint. And although it closed Mr X’s complaint and failed to issue him with its written stage 1 response, the Council considered it had informally dealt with Mr X’s complaint.
32. On 3 June 2021, the Council issued its stage 2 response to Mr X. It agreed with the findings from the IO’s report. The Council apologised to Mr X for the confusion it caused regarding his bin collection day which resulted in multiple missed collections. It also apologised for its failure to issue Mr X a satisfactory response to his missed collection enquiries and failing to issue him with its stage 1 written response. The Council confirmed the waste collection issues Mr X complained about had been resolved. It said the Council would ensure it resolves complaints to its residents’ satisfaction and would remind all staff the importance of responding to emails in a timely manner. These were in line with the IO’s recommendation following the stage 2 complaint investigation. The Council advised Mr X to make a complaint to the Ombudsman if he remained dissatisfied with its response.
33. Mr X was unhappy with the Council’s stage 2 response, he said the Council did not fully address his complaints. He disagreed that the Council resolved the missed collection issues in April 2021 as stated in its stage 2 response. This was because he reported yet another missed bin collection in mid-May 2021. Mr X asked for the Council to return his 240 Litre bin.
34. The Council told Mr X that occasionally bins were missed in error. And if the error was not a case of contamination or non-presentation of bins, the crew would arrange to return and empty the bins. It confirmed this was the case with Mr X’s missed collection in mid-May 2021. The Council maintained the issue had been resolved and apologised again for the confusion about Mr X’s collection day. The Council maintained it would not return the 240 Litre bin to Mr X and advised him to put any excess recycling in clear bags and boxes on his collection day. The Council said it considered it had investigated Mr X’s complaint fully and would not be corresponding further with him on the matter. It said if Mr X remained dissatisfied, he could make a complaint to the Ombudsman.
35. Mr X made a complaint to the Ombudsman.

Analysis

The Council’s persistent missed waste collections

36. Mr X reported 10 missed bins collections between February and May 2021.
37. Evidence shows when Mr X reported the three missed bin collections in February and one missed collection in mid-May 2021, the Council returned to Mr X’s property to empty the bins. While these missed collections were frustrating for Mr X, evidence shows the Council resolved the issues within the seven working days timeframe as set out in its refuse and recycling policy. This was not fault.
38. As regards the other six missed collections Mr X reported to the Council between March and April 2021, there was no evidence to show when the crew returned to collect Mr X’s bins. The Council in its response to my enquiries confirmed it failed to accurately keep a record of when Mr X’s missed bin issues were resolved. It explained this was because of the extremely high volume of missed bin enquiries and service requests it received following the waste collection service changes it made in February 2021. This was fault. The Council failed to carry out its duty to collect Mr X’s refuse and recycling on the allocated bin collection days. This has caused Mr X distress, inconvenience and time and trouble reporting each missed bin collection and chasing the Council for updates on the matter.
39. I find fault by the Council with the confusion it caused over Mr X’s bin collection day, collection point and which crew was scheduled to collect Mr X’s bins. Evidence shows the Council investigated and attempted to resolve the issue about the confusion on 8 April 2021. Despite this and its allocation of a new bin collection day (Tuesday) to Mr X, he continued to experience service disruptions till May 2021. This caused Mr X frustration, uncertainty and inconvenience.
40. I note the Council has apologised to Mr X for the confusion it caused regarding his bin collection day which resulted in multiple missed collections. I do not consider the apology is sufficient to remedy Mr X’s injustice.
41. Since Mr X complained to the Ombudsman in June 2021, evidence shows there has been one missed bin collection in October 2021. This indicates the Council has resolved the multiple missed bin collection issues Mr X previously experienced.

Replacement of Mr X’s large 240 Litre bin with a smaller 140 Litre bin

42. The Council introduced changes to its waste collection service in February 2021. The changes included weekly food waste collections and the Council provided its residents with 140 Litre general waste bins to properties with kerbside collections. So, the Council replaced Mr X’s 240 Litre general waste bin with the 140 Litre bin in line with its new waste service changes. This was not fault. This is a decision the Council was entitled to make. There was no evidence of fault in how the decision was reached and so the Ombudsman cannot question its merits.
43. Mr X asked the Council to return his 240 Litre bin but the Council maintained it would not return the 240 Litre bin to Mr X. The Council provided Mr X with a 360 Litre recycling bin for additional waste. Although Mr X said the 360 Litre bin was too big and could not fit his bin store, the Council advised him to present extra recycling waste in cardboards or clear plastic bags on his collection day. I do not find fault by the Council here. This is because the Council offered other options to Mr X to assist with managing waste due to the reduction of bin size.

Council’s failure to follow its complaints procedure

44. There was fault by the Council when it failed to contact Mr X within 5 working days after he made missed bin collection enquiries. Evidence also shows the Council failed to issue Mr X with its formal written response to his complaint at stage 1. Although, the Council felt it had informally resolved Mr X’s complaint when it spoke with him on 8 April 2021, Mr X did not consider his complaint had been resolved. I find fault by the Council for closing and incorrectly assuming it had satisfactorily resolved Mr X’s complaint without issuing its written response to his complaint. These were not in line with the Council’s complaint procedure. This caused Mr X time and trouble chasing the Council’s written response to his complaint.
45. I note the Council has apologised to Mr X for its failure to issue him with a satisfactory response to his missed collection enquiries. It also apologised for failing to issue him with its stage 1 written response. I find the Council’s complaint procedure reflects the recommendation the IO made to it at the stage 2 complaint process. Its policy states:

“where a complaint is received by a member of staff it must be recorded, even if it can be resolved informally. The record should show the substance of the complaint, what action was taken to resolve it and whether or not the service user is satisfied with the outcome. Where possible, and practical, the person should be asked to sign the record to confirm it is correct. In order that complaints can be tracked a copy should be sent to the Customer Relations Team as soon as possible after the complaint has been made, whether or not it has been resolved. The original should be appropriately filed by the supervisor concerned.”

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Agreed action

46. To remedy the injustice caused by the faults identified, the Council has agreed within one month of the final decision to:

• pay Mr X £200 financial remedy in recognition for the poor standard of service provided to him. This is to also acknowledge the time and trouble Mr X was put to reporting missed bin collections, making and chasing his complaints with the Council
• by training or other means remind staff of the importance of following the Council’s complaint procedure
• provide evidence the Council reminded all staff of the importance of responding to emails in a timely manner as stated in its stage 2 response to Mr X’s complaint.

47. Within two months of the final decision:

• review the existing communication system between the Council and its waste collection service. This is to ensure there are clear mechanisms in place for prompt and effective provision of service / resolution of issues such as missed bin collections
• provide an effective communication training to the Council’s waste collection crews and its wider service.

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Final decision

48. I find evidence of fault by the Council causing injustice to Mr X. The Council has agreed to take action to remedy the injustice.

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Investigator's decision on behalf of the Ombudsman