Summary: The Council failed to provide evidence of compliance with recommendations previously made by the Ombudsman. In the original complaint, we found the Council failed to take action to resolve the problem with Mr B’s waste collection route and did not monitor his waste and recycling collections when it said it would. In response, the Council agreed to monitor Mr B’s waste and recycling collections and work with residents to find a solution to the road being blocked on collection days. The Council could not evidence it completed the agreed remedies and Mr B said the problem persisted causing him further injustice.

The complaint

1. The Council failed to provide evidence of compliance with recommendations previously made by the Ombudsman. In the original complaint, we found the Council failed to take action to resolve the problem with Ms B’s waste collection route and did not monitor his waste and recycling collections when it said it would. The Council agreed to monitor Mr B’s waste collections and work with the residents that live in his road to find a solution to the road being blocked on collection days. The Council did not evidence it completed the agreed remedies and Mr B said the problem persisted causing him further injustice.

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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. If we are satisfied with a council’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

4. I considered information provided by the Council and Mr B.
5. Mr B and the Council commented on a draft decision. I considered their comments before making my final decision.

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What I found

6. Mr B originally complained the Council repeatedly failed to collect his waste and recycling. We upheld his complaint and found fault with the Council for failing to take action to resolve the problem with the waste collection route and not monitoring his waste and recycling collections when it said it would. The Council’s fault caused him inconvenience and frustration.
7. In response to our findings, the Council agreed to action the following recommendations:
8. Within one month of the final decision, the Council will:
• Pay Mr B £100 for the time, trouble and inconvenience caused by the Council’s faults.
• Begin monitoring Mr B’s waste and recycling collections. This should be undertaken for a month and extended if problems are found.
• Work with the residents that live in Mr B’s road to find a solution to the road being blocked on waste and recycling collection days.
9. The final decision stated the Council should provide the Ombudsman with evidence these actions were completed. We issued the final decision in January 2022.

What happened

10. Between February and March 2021, we asked the Council for evidence it completed the agreed recommendations. It provided evidence it paid Mr B.
11. In February 2020, the Council told us it had started monitoring Mr B’s bin collections and it would keep records of this. We asked for the records in March 2020. It advised, “The records have self deleted on Bartec (the in cab monitoring), as it was for a set period, formal paper lists are now created to ensure there is a written record to enable the Service to evidence actions (compliance). Going forward the Service is aware of the importance of ensuring everything is formally documented in such cases.”
12. We also asked for evidence it was working with residents to find a solution to the road leading to Mr B’s house being blocked on waste and recycling collection days. It said, “With regards to considering any parking restrictions, initial discussions would have been verbal, and the process is not a quick one, as formal processes have to be followed where requests for parking restrictions are submitted, so at this time I have nothing to show, sorry.”
13. We checked with Mr B. He told us that his waste and recycling collections have not improved, and he has made more complaints to the Council.
14. In March 2022, we advised the Council we were registering a new complaint for non-compliance.

Analysis

15. When a council agrees to take the action we recommended, it should be accountable and make every effort to comply with it. It should also keep evidence it has completed the recommendations.
16. The Council failed to evidence it monitored Mr B’s waste and recycling collections or worked with the residents to find a solution to his road being blocked on waste and recycling collection days. The Council was at fault for non-compliance with an agreed remedy within the timescales requested.
17. This caused Mr B further frustration because he continues to experience problems with his bin collections.

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Agreed action

18. Within one month of the date of our final decision the Council will:
• Pay Mr B a further £100 for the continuing frustration caused by the Council’s failure to evidence it complete the agreed remedies and resolve the problem with his collections.
19. Within three months of the date of our final decision the Council should:
• Review its internal procedure for ensuring compliance with, and providing evidence of, any future recommendations made by the Ombudsman.
20. In addition, the Council still needs to satisfy us it has completed the original outstanding recommendations we made in Mr B’s case. These are to:
• Begin monitoring Mr B’s waste and recycling collections. This should be undertaken for a month and extended if problems are found.
• Work with the residents that live in Mr B’s road to find a solution to the road being blocked on waste and recycling collection days.
21. The Council should provide the Ombudsman with evidence it has completed these actions

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Final decision

22. I have completed my investigation and uphold Mr B’s complaint. Mr B was caused an injustice by the actions of the Council. The Council has agreed to take action to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman