Summary: Mr L complains in relation to a number of missed garden waste collections by the Council. He also says the Council’s customer service and complaints process has been poor. We found fault by the Council, which had already fully acknowledged its failings and the unsatisfactory service provided. This caused Mr L an injustice and the Council has agreed to our recommendations to remedy this.

The complaint

1. The complainant, who I refer to as Mr L, is making a complaint in relation to the collection of his garden waste. He says the Council has failed to consistently provide a garden waste bin collection service to him. He also alleges the Council has failed to promptly resolve his garden waste collection difficulties and that its customer service has been entirely unsatisfactory. In particular, he says he was told the Council did not have a complaint on file when he had complained.
2. In summary, Mr L says the missed bin collections have inconvenienced him and caused him unnecessary uncertainty. Further, he explains the Council’s poor customer service has meant he has had to spent considerable time to ensure the Council’s addresses his issues. Mr L wants the Council to acknowledge the alleged failings and provide a gesture of goodwill payment.

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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).

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How I considered this complaint

4. I have read Mr L’s complaint to the Ombudsman and Council. I have also reviewed the Council’s responses, supporting documents and applicable policy. I invited both Mr L and the Council to comment on a draft of my decision. All comments received were fully considered before a final decision was made.

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My findings

Background and legislative framework

5. Councils, as local waste collection authorities have a duty to collect domestic waste and recycling from households. This is set out in the Environmental Protection Act 1990.  Many local authorities provide a weekly collection service, but are not required to. Others only empty bins fortnightly. In addition, the Council provide a garden waste service to eligible households free of charge. It also offers a paid garden waste service.

Chronology of events

6. In May 2022, Mr L complained to the Council in relation to his garden waste not being collected. He says he had difficulty communicating with the Council.
7. In June 2022, the Council responded accepting full responsibility for not collecting Mr L’s garden waste. It said had issued crew members reminder forms to avoid similar instances in the future. Moreover, the Council explained that it had ensured its in-cab technology has the correct details Mr L’s property and added prompts for the crew to remind them of his collection.
8. In August 2022, Mr L escalated his complaint with the Council. He said, despite the Council’s reassurances to ensure his garden waste is collected, the same issues had repeated themselves. Mr L also said the Council’s customer service had been entirely unsatisfactory and that he had to continuously make repeated and avoidable contact to ensure the issue was addressed.
9. During this period, Mr L says a Council staff member told him that there was no complaint on file which exacerbated his time and trouble spent on the matter.
10. Shortly after, the Council provided its final response to Mr L. It fully acknowledged its service had not reached the standards it aspires to and for that it offered a full and unreserved apology to Mr L. The Council said it would range for active monitoring to be in place at the property through supervisor checks to ensure that there are no further issues with the collection of Mr L’s garden waste bin.

My assessment

11. The Council has accepted full responsibility for the failure to collect Mr L’s garden waste on small number of occasions. It also accepts its service had not reached the standards it expects. There is no question of fault in this case and I find the Council was responsible for poor administrative practice and service failure.
12. The role of the Ombudsman is to remedy fault which has caused a significant and personal injustice. This means Mr L must demonstrate he has suffered serious loss, harm or distress as a result of the Council’s failings. I have carefully considered this point because while I accept Mr L has been inconvenienced, the level of injustice may not be serious enough to warrant an investigation. In reaching a view, I have considered the length of time Mr L has been complaining in respect of this issue. I have also taken into account the number of missed garden waste collections. On balance, the injustice is limited, but do I consider Mr L has suffered an injustice nevertheless which the Council has agreed to remedy.
13. I have also considered Mr L’s point that he was informed by a Council staff member that there was not an open complaint file in respect of his concerns. I was not able to ascertain what Mr L was told as part of my investigation. In any event, had I identified fault in this respect (which I have not), this would not lead to a different outcome or remedy than that now agreed by the Council. This is because I do not consider the alleged injustice warrants an extended remedy.

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Agreed action

14. To remedy the fault and injustice identified in this statement, the Council has agreed to perform the following actions by no later than 24 November 2022:
1. Provide a fresh apology to Mr L for the fault and injustice identified.
2. Pay Mr L £100 to acknowledge the frustration and uncertainty he has suffered as a result of the fault identified.
15. I also considered making recommendations relating to service improvements. In particular, I suggested the Council make arrangements to undertake three months of monitoring to ensure Mr L’s garden waste is collected in the future. However, the Council has provided evidence it has already undertaken monitoring of this scale to ensure the issue is resolved. I am therefore satisfied service improvement remedies are not required.

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Final decision

16. The complaint is upheld. The Council fully acknowledge that it has failed to collect Mr L’s garden waste and provide a satisfactory service to him. This has caused Mr L frustration and uncertainty, as well as unnecessary time and trouble seeking a resolution. The Council has agreed to my recommendations to remedy the injustice Mr L has suffered.

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Investigator's decision on behalf of the Ombudsman