Summary: We will not investigate Mr X’s complaint about missed bin collections. This is because it is unlikely we could add anything to the response Mr X has already received and there is not enough evidence of fault by the Council.

The complaint

1. Mr X, who is a landlord, complains about missed bin collections from five of his properties over the last two years.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. I gave the complainant the opportunity to comment on a draft decision and considered any comments received.

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What I found

Background

7. Mr X has complained to the Council about missed bin collections from five properties he owns. Mr X complained in June 2021. In his correspondence with the Council Mr X set out the work he and residents carried out in 2019 to remove rubbish from the area to improve its appearance. Mr X said the Council agreed revised collection points for rubbish bins. Mr X says there have been issues with bins not being collected. Mr X wants the Council to say that if the original collection points are to be used again, and if it is, that the Council will replace any bins which are stolen.
8. In its response to Mr X’s complaints the Council has confirmed where residents need to leave their bins. It said there were times when the Council had not collected the bins because residents had not left them in the correct location. A supervisor had been present on two occasions to witness this. The Council had confirmed during a telephone call with Mr X where residents needed to leave their bins. The Council had collected all the other bins in the area which residents had correctly presented for collection. The Council did not uphold Mr X’s complaint.

Assessment

9. Missed bin collections are annoying and frustrating. Mr X refers to problems over the last two years. But we expect people to complain to us within 12 months of them becoming aware of a problem - unless there are good reasons for not complaining sooner. I do not consider that to be the case here and so I have only considered Mr X’s complaint from when he contacted the Council in June 2021.
10. The issue at the heart of the complaint would seem to be the point where residents should present bins for collection. I do not know what discussions previously took place between Mr X and the Council. But based on the evidence I have seen, the recent issues with collections seem to be due to where residents are presenting their bins. It is for the Council to decide the exact arrangements for collecting waste in its area and it has confirmed these arrangements with Mr X.
11. While I understand Mr X may have strong reasons for preferring alternative arrangements, it is not fault for the Council to refuse his request. It has explained where the bins need to be presented. The Council is entitled to not collect bins if they are not correctly presented. We would not criticise the Council for this.
12. Mr X is clearly worried that if the Council collects the bins from its preferred location that they might be stolen. He therefore wants the Council to say it will replace them if this happens. Residents are responsible for the bins the Council provides and replacing them if they are stolen or damaged. We would not therefore expect the Council to agree to Mr X’s request.
13. It is unlikely we would add anything to the response Mr X has already received and there is not enough evidence of fault. We will not therefore investigate.
14. If there are problems with the bins being collected from the confirmed collection point, then Mr X should raise this with the Council. If he was unhappy with the Council’s final response he could make a fresh complaint to the Ombudsman.

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Final decision

15. We will not investigate Mr X’s complaint. This is because it is unlikely we could add anything to the response Mr X has already received and there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman