Summary: Mr C complains about the way waste operators are collecting his waste. He says the waste operators do not open and close his gate properly, and do not place the bins back in the position they were found in. We find no fault with the Council’s actions.

The complaint

1. Mr C complains about the way waste operators are collecting his waste. He says the waste operators do not open and close his gate properly, and do not place his bins back in the position they were found in. He says this is causing damage to his gate and the bins being left in a random manner is causing an obstruction. He also complains the Council is not properly managing the waste operator and allowing them to get away with poor service.
2. Mr C is represented by Mr X.

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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. 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)
5. 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

6. I spoke with Mr X and considered the information he provided.
7. I made enquiries with the Council and considered the information it provided.
8. I sent a draft decision to Mr X and the Council and considered their comments.

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What I found

Residual Waste Operational Policy

9. The policy notes the assisted waste collection service is aimed at disabled or frail people, or people otherwise physically unable to wheel their bin out to the kerbside

What happened

10. Mr X’s father, Mr C, received assisted bin collections from the Council. The Council operates its own waste collections and collections are completed by its own staff.
11. Between December 2020 and January 2021, Mr X contacted the Council to raise a complaint about the way the Council was completing Mr C’s waste collections. Mr X was unhappy the Council were not replacing the bins back in the position they were found in, and that staff were not closing the gates after completing the collection.
12. The Council responded to Mr X and confirmed it would remind the collection crew of the expectation for bins to be placed back where they are found, and for gates to be closed. The Council also confirmed it would cover the issue of assisted collections as an objective in annual appraisals with all collection crews across the city. The Council confirmed it could not guarantee or promise for the bins to always be replaced exactly where they were found, and for the gate to always be closed.
13. In March 2021, the Council sent Mr X a stage two response to his complaint. The Council confirmed it had raised the issue with the collection crew and the service was monitoring the waste collections. The Council again confirmed it could not guarantee the service Mr X wanted. The Council confirmed it could only improve the service and to monitor the situation.
14. The Council confirmed it had set a specific objective within the appraisal process for all its operational staff. This objective was for assisted collections and required staff to:
• Replace the bins in the original position they were found in.
• Leave any gates as found, unless otherwise instructed.
15. In April 2021, the Council wrote to Mr X and suggested a way forward with the matter. The Council reiterated it could not guarantee the bins would always be replaced to Mr X’s expectation, nor the gate always closed in the manner Mr X wants.
16. Mr X continued to raise the issue of the bins and gate throughout June and July 2021, and December 2021. Each time, the Council referred Mr X to the Ombudsman as the complaints procedure had been exhausted.
17. In April 2022, Mr X contacted the Council to raise concerns about damage to the gate. Mr X said he had logged the matter with the police. The Council told Mr X to make an insurance claim against the Council for any damages he felt the Council had caused. The Council said its insurers would assess any claim received.
18. In response to our enquiries, the Council provided evidence of the monitoring of the assisted collection service for Mr C’s property. The records showed from 2021 onwards, the crew were recording that Mr C’s bins and gate were being replaced as found.
19. The Council also told us Mr C’s gate was in poor condition and this impacted on the ability of staff to close the gate, as reported by the operational staff. The council also noted that other people might use Mr C’s gate, such as the postman, nurses, and delivery people.

Analysis

20. The Council has a policy detailing it will complete an assisted waste collection service for its residents who cannot physically wheel their bins out to the kerbside. The policy does not detail any service standard or minimum requirements for the service.
21. It is clear Mr X has certain expectations for how he would like the Council to replace the bins and gate once the waste is collected. The Council has acknowledged it will try to replace the bins as found and to close the gate. However, the Council told Mr X it cannot guarantee staff will always replace the bins and gate in the manner expected by Mr X.
22. While we accept there may be circumstances where the Council has not replaced Mr C’s bin and gate exactly in the manner Mr X wishes, it is important to note the service is not bespoke. Therefore, it is not reasonable to expect the Council to meet the expectation of each resident who receives the service every time.
23. Instead, we must consider whether the Council has acted in a reasonable and proportionate manner to try and address the concerns.
24. The Council has shown it has repeatedly addressed the issue with its operational staff by reminding them they must replace bins and gates as found. The Council has also committed to including the expectations for the assisted delivery within the appraisal process for its staff. This shows the Council has considered Mr X’s concerns with the service and has been proactive in addressing the problems. Therefore, the Council is not allowing the service to get away with poor service.
25. On balance, we are satisfied the Council has taken reasonable and proportionate action to address Mr X’s concerns. We consider the Council has done everything possible to raise the issue with its staff and to remind the staff of the need to replace bins and gates as they have been found. We also take the view it would be irresponsible for the Council to guarantee or promise to Mr X that the bins and gate would always be left in a position he wants.
26. Further, the Council continues to monitor Mr C’s assisted collection, and this is an appropriate way to ensure any issues are appropriately addressed and the service continuously improved.
27. Finally, we note the Council has provided Mr X with information about how he can make a claim against the Council for damages to the gate. This is an appropriate process for Mr X to follow if he remains of the view the Council has damaged the gate.

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Final decision

28. I find no fault with the Council’s actions. I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman