Summary: Mr B complains the Council leaves his wheeled bin blocking his garden path. Mr B does not have an assisted bin collection and so the Council is not required to return the bin to a specific location. The requirement is to return the bin to within the property boundary, and the garden path meets this requirement. The Council has tried to meet Mr B’s preference, but sometimes fails to do so. I find the Council at fault for not explaining the service requirements to Mr B and not managing his expectations; the Council will apologise.

The complaint

1. The complainant, who I will call Mr B, says the Council has accepted fault in not returning his green wheeled bin to a suitable location where it is not causing an obstruction yet has not stopped the problem from recurring. Mr B says it is inconvenient when leaving for work to have to move the bin, go back in and wash hands, before leaving as intended. This has sometimes made him late for work and leaves him upset all day. On occasion the bin has blocked the front door which opens outwards. Mr B wants the Council to resolve this simple issue, so he does not have the time and trouble of constantly reporting it, including taking and uploading photographs as evidence.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
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 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 considered:

• information from Mr B, including that gained during a telephone conversation.
• Information from the Council and its waste collection contractor, in response to my enquiries.

6. Mr B 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

7. Councils have a legal responsibility to collect your household waste. The Council collects general waste and recycling weekly on a set day between 5am and 10pm and asks residents to place their wheeled bins at the front boundary of their property before 5am on their collection day.
8. The Council offers assisted collections for those who cannot pull their bin out for collection. This means you do not have to place your bin at the boundary, the Council will collect and return it to its agreed storage point.
9. The Council contracts out its waste collection service but remains responsible for it. In 2019 the Council’s contract said the contractor should return all bins to the location in which they are left and should never be left blocking footways. The Council has since changed contractor. The current contractor says it is responsible to return the bin to within the boundary of the property.
10. Mr B has repeatedly had problems since 2019 with the Council leaving his wheeled bin on his front path, blocking his front door and access in/out. Mr B says the Council should return the bin to a paved area at the side of his front path. In June 2020 the Council accepted fault. The Council has tried to resolve the issues by overseeing the service. In June 2020 the Council paid £200 to Mr B in recognition of his time, trouble, distress, and inconvenience.
11. I asked the Council in Mr B’s case where the contractors should leave the wheeled bins after collection. The Council’s response is the crew have been physically shown where the resident wants the bin to be placed back. The contractor says Mr B does not have an assisted collection so there is no requirement to return the bin to an exact location, it must return the bin to within the boundary of the property. It is unclear from the Council’s response whether the Council considers it acceptable to leave the bin on the footpath within the boundary of Mr B’s property.

Was there fault causing injustice?

12. I must now consider whether there was fault in the Council’s actions, or the contractor on its behalf, which has caused significant injustice to Mr B. If there has been I will recommend what actions the Council take to acknowledge this and improve future service.
13. I am not persuaded there is fault in the bin collection service. The current requirements are for the contractor to return the bin to within the boundary of the property. The contractor leaves the bin on Mr B’s path, which is within the boundary of his property. I understand this is inconvenient for Mr B when he is rushing out to work and finds he must move the bin, but I do not consider there is evidence of fault.
14. The Council has tried to allow Mr B’s preference for the bins to be returned to the collection point on a paved area beside his path within the property boundary. It has checked the service and reminded staff of Mr B’s preference. But ultimately, with the time constraints involved for the workers, and the turnaround of staff, the Council cannot guarantee it will always grant Mr B’s preference.
15. Mr B is physically able to move the empty bin from his path to the paved area and has confirmed he does not need an assisted collection.
16. I find the Council is at fault for mismanaging Mr B’s expectations. The Council failed to tell Mr B when the waste collection contractor changed the contract requirements also changed. Whereas under the previous contractor there was a requirement to return the bin to the collection point, now the requirement is only to return within the property boundary. The Council has failed to tell Mr B that returning the bin to his path is an acceptable service. This has caused Mr B continuing frustration, annoyance, and the time and trouble reporting the issue, as his expectation is for the bin to be returned to the collection point.

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Agreed action

17. To acknowledge the impact on Mr B I recommend the Council apologise for failing to tell him the expected service standards for its waste contractor, and that although trying to meet his preferences on the return point of the bin it is not a requirement. The Council should also remind relevant staff to be open and honest with citizens about the requirements of its services.
18. The Council should complete the agreed actions within one month, and evidence its compliance to the Ombudsman.

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Final decision

19. I have completed my investigation on the basis the agreed action is sufficient to acknowledge the impact on Mr B and improve future service.

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Investigator's decision on behalf of the Ombudsman