Summary: Mr X complains the Council’s contractors, Contractor D, incorrectly removed items left in his back garden. We do not find the Council at fault.

The complaint

1. The complainant, who I refer to here as Mr X, complains the Council took planks of wood when he had only booked a bulky waste collection for a sofa. Mr X complains the Council poorly handled his complaint and failed to promptly ask him to gather evidence to support his complaint.
2. Mr X wants the Council to pay him £250 for the cost of the wood and a financial remedy for the stress caused and his time and trouble.

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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 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 considered the information provided by Mr X and the Council. This includes information about the bulky waste service and the complaint correspondence. I spoke with Mr X about his complaint.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered all comments before making a final decision.

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What I found

Waste and recycling services

7. Councils have a legal duty under the Environmental Protection Act 1990 to collect household waste and recycling free of charge.
8. Many councils also provide discretionary services to collect bulky items. Councils often charge for these services.
9. Many councils use a contractor to provide their waste and recycling services on their behalf. In such cases the council retains ultimate responsibility for ensuring the quality of the service and being accountable if things go wrong. The contractor may initially respond to reports of problems or complaints but the council retains ownership.
10. In this case, the Council uses Contractor D to provide its waste and recycling services, including its collection of bulky waste items.

What happened

11. Mr X booked a bulky waste collection with Contractor D for a sofa.
12. Prior to collection, Mr X had placed some wood in his garden.
13. In early September 2021, Contractor D collected the sofa.
14. At the beginning of October, Mr X complained to the Council. He said the crew took the wood when it collected the sofa. Mr X asked the Council to pay him £250 for the loss of wood.
15. A few days later, the Council sent its stage one complaint response. It said it could not compensate Mr X for the missing wood.
16. A few weeks later October, Mr X asked the Council to escalate his complaint. He said Contractor D’s crew members should have checked whether the wood was part of the collection as it should not have been easily confused as part of the sofa.
17. In mid-November, Mr X chased the Council for a reply. A call note provided by Mr X shows a Council officer told Mr X that it would need evidence Contractor D had taken the wood.
18. In December, the Council asked Mr X several questions relating to his complaint. It said it needed evidence to show Contractor D had removed the extra items.
19. Mr X replied to say that he disagreed with the Council’s suggestion that items left in his garden could be taken by passers-by.
20. In January 2022, the Council sent Mr X its final complaint response. It said the policy says the Council will only collect items on the booking form and the crew will check if unsure. The records do not show the crew made any checks. The Council asked Mr X for evidence the crew took the wood. Mr X did not provide any evidence. The Council suggested a passer-by may have taken the wood; Mr X denies this. The Council declined to pay compensation as there was no evidence the crew had taken the wood. It invited Mr X to make a claim on the Council’s insurance or on his own insurance. It attached a form for Mr X to complete if he wished to make an insurance claim.

Analysis

21. Mr X considers the contractor is responsible for the loss of wood, but I am satisfied the Council has carried out appropriate checks on its records and given compelling reasons not to accept his allegation. I do not find the Council at fault here. It is not for us to settle the dispute or make a finding of liability against the Council and so there is nothing more we can add here.
22. The Council has fully investigated Mr X’s complaint and, in its stage two complaint response, appropriately signposted Mr X to the possible ways he could make an insurance claim.
23. We do not investigate complaint handling as a standalone issue. I find a detailed response on this part of Mr X’s complaint cannot be justified.

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Final decision

24. I have completed my investigation.
25. Based on the evidence seen, I do not find the Council at fault.

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Investigator's decision on behalf of the Ombudsman