Summary: Mr X complains the Council ignored his waste collection enquiries and complaints. He also complains the Council does not collect waste in the town centre unless it is reported. We find fault with the Council for its complaint handling and for leaving incorrect signs up. We have made some recommendations for the Council to remedy the injustice caused to Mr X.

The complaint

1. Mr X said he asked the Council when timed waste collections would be introduced and why the timed waste collection signs had been covered over. Mr X complains the Council ignored his waste collection enquiries and subsequent complaints. He also complains the Council does not collect the waste in the town centre unless it is reported.

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The Ombudsman’s role and powers

2. 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)
3. We cannot question whether an organisation’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. 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. I spoke with Mr X and considered the information he provided.
6. I made enquiries with the Council and considered the information it provided.
7. I sent two draft decisions to Mr X and the Council and considered their comments.

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What I found

Council’s complaint policy

8. The Council has a two stage complaints procedure. The first stage is the complaint phase, the second stage is the review stage.
9. The policy notes the Council will acknowledge receipt of a complaint within three working days.
10. The time limit for a full response during the complaint phase is 15 working days. For the review phase, it is 25 working days.

What happened

11. In June 2021, Mr X sent the Council an enquiry about when it intended to introduce timed waste collections in the town centre. Mr X highlighted the pavements were often obstructed with waste. He also asked why most of the timed wasted collection signage in the town centre had been covered up.
12. Mr X chased the Council for a response in July and August 2021. As the Council did not respond to Mr X’s enquiries, he made a formal complaint at the beginning of August 2021.
13. The Council did not respond to Mr X’s complaint within 15 working days. At the end of September 2021, Mr X asked the Council to escalate his complaint. The Council acknowledged the complaint and advised it would respond to his complaint in November 2021.
14. Mr X chased the Council for its response in November 2021. The Council did not respond, and Mr X made his complaint to the Ombudsman.
15. The Council issued a final response to Mr X’s complaint in February 2022. The Council apologised for the delay in responding to his complaint but provided no reason for the delay. The Council also explained:
• It provided daily collections of waste in the town centre, during the day and overnight.
• The plan to introduce timed waste collections in the town centre was interrupted by the COVID-19 pandemic.
• There was no date for the Council to reconsider the introduction of timed waste collections.
16. Mr X told us the signs for timed waste collections went up before the COVID-19 pandemic and so he did not understand why the Council said it had not yet decided the timed waste collections yet. He also said:
• There are days when the Council is not collecting the waste and so there is build up. He said this caused an obstruction on the pavements.
• The Council only collected waste when it was reported.
• Before the COVID-19 pandemic, there were bins on the road. These have been removed and so bin bags are left on the street.
17. In response to our enquiries, the Council confirmed it completed two collections of waste each day in the town centre. Once in the morning, between 6am and 12pm, and one overnight between 10pm and 4am.
18. In response to our draft decision, Mr X provided a photo which showed the signs advertising the timed waste collections. Mr X said this meant residents and businesses were leaving their waste out during the advertised time periods. This in turn was causing a waste build up as the Council was not actually collecting the waste during those times.

Analysis

19. It is clear the Council had intended to introduce timed waste collections for the town centre. However, these plans were disrupted by the COVID-19 pandemic. We do not consider the Council to be at fault for this as it could not have predicted or planned for the global pandemic. We also take the view it is reasonable for the Council to reconsider its position following the pandemic to decide when to introduce timed waste collections as its likely any arrangements it had in place before the pandemic would need to be renegotiated.
20. The Council explained it will reconsider introducing timed waste collections but has no set timetable for when it will consider the matter. It is not for the Ombudsman to tell the Council when it should consider the matter. This is because operational decisions are for the Council to make, and the Ombudsman can only review how councils made their decisions.
21. There is evidence the Council collects the waste from the town centre. The Council confirmed it collected waste twice, once in the morning and once overnight. Therefore, we do not consider there is any fault with the Council for its waste collection. This is because we are satisfied the Council does have a schedule for waste collection, rather than relying on reports from the public before collecting the waste from the town centre.
22. Mr X provided evidence that some of the signs advertising timed waste collections are still visible. Mr X says this was causing confusion as residents and businesses were following the instructions on the signs. Given the Council does not know when it plans to introduce timed waste collections, the signs advertising the service are incorrect and misleading. This is fault.
23. The fault has caused some injustice to Mr X as he has been caused frustration and inconvenience by the waste that is left out by residents and businesses following the instructions on the signs.

Complaint handling

24. The Council was at fault for failing to deal with Mr X’s complaint in line with its policy. It did not respond to Mr X’s initial complaint within 15 working days of receiving it and it failed to respond to his escalated complaint within 25 working days. We also note the Council failed to deal with Mr X’s enquiry in June 2021.
25. The Council provided no explanation for why there was a delay. The Ombudsman cannot speculate on the reasons for why the Council failed to respond to Mr X’s complaint in a timely manner. However, we note it is disappointing the Council did not provide Mr X with any reason for the delay or to advise him there would be a delay in responding to his complaint.
26. The fault identified caused Mr X frustration and time and trouble. This is because he had to continuously chase the Council for a response.

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Agreed action

27. To remedy the injustice caused by the fault identified, the Council has agreed to complete the following:
• Apologise to Mr X for the delay in responding to his complaint.
• Pay Mr X £100 to recognise the frustration and time and trouble caused by the delay.
• Remove all signs in the town centre that are advertising timed waste collections.
• Remind relevant staff of the Council’s complaints policy and the timescales for responding to complaints.
28. The Council should complete the above within four weeks of the final decision.

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Final decision

29. I find fault with the Council for failing to respond to Mr X’s complaint within the timescales set out in its complaints policy. The Council has accepted our recommendations. Therefore, I have completed the investigation.

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Investigator's decision on behalf of the Ombudsman