Summary: Mr X complained about failings in the assisted waste collection service he receives from the Council. He complained the Council has frequently failed to collect his waste on the scheduled collection days and that the collection crews do not take his bins to the lorry to empty them but will ‘bin dip’ and leave some bags in the bin and the bin lids open. The repeated failings in the assisted collection service the Council provided to Mr X amount to fault. This fault has caused Mr X an injustice.

The complaint

1. The complainant, whom I shall refer to as Mr X complained about failings in the assisted waste collection service he receives from the Council. He complains the Council has frequently failed to collect his waste on the scheduled collection days and that the collection crews do not take his bins to the lorry to empty them but will ‘bin dip’ and leave some bags in the bin and the bin lids open.
2. This is the third complaint Mr X has made in relation to these issues and he is concerned the Council has not taken his complaints seriously.

Back to top

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. 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)

Back to top

How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documentation provided by Mr X;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with Mr X;
• Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

Refuse and recycling collections

6. Councils have a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in its area. The collections do not have to be weekly and councils can decide the type of bins or boxes people must use.
7. The Council's practice is to make a weekly household waste collection and a fortnightly recycling collection.
8. The Council provides an assisted collection service for people who are unable to move their bins and boxes due to a disability or age. The Council should collect the bins from the storage point and return them to the same point.
9. When a resident reports a missed collection, the Depot will ask the crew to return to complete the round as soon as possible. When the Council has completed the collection, it closes the report.

What happened here

10. This is the third time Mr X has complained to the Ombudsman about failings in the assisted waste collection service he receives. We found fault and upheld both of his previous complaints. Mr X says the service will improve for a period but then the problems of missed collections; the crews bin dipping (taking sacks of waste out of his bin and carrying them to the collection vehicle rather than taking his bin to the vehicle); and not closing his bin lid and gate begin again.
11. According to the Council’s records Mr X reported four missed household waste collections and a missed recycling collection between June and September 2022. The reports are all closed which indicates the Council has since made the missed collections. However, the dates these reports were closed are inconsistent and do not suggest the Council made the collections in a timely manner. The records also suggest the Council also missed other collections.
12. For example, Mr X reported missed collections on 20 July and 3 August 2022, which the Council closed on 4 and 18 August 2022 respectively. Had the Council made the collection scheduled for 27 July 2022, it could have closed the first report that day. Similarly, if the Council had made the collection scheduled for 10 August 2022, it could have closed the second report that day. Alternatively, if the Council made a collection on 4 August 2022 as its records suggest, it could have closed both reports that day.
13. Given the inconsistencies in the Council’s records, I do not consider them to be a reliable indicator of the extent of the problem.
14. Mr X made a formal complaint to the Council on 27 June 2022. He was unhappy that having reported a missed collection for his entire street on 22 June 2022 the Council made a catch-up collection on 25 June 2022 but missed his bin. Mr X complained that whilst the regular collection crew were aware of his assisted collections, replacement crews were not, and his waste was missed.
15. The Council apologised for the missed collections and the inconvenience caused. It confirmed it had asked the depot to make the crews aware of the correct procedures for assisted collections.
16. Mr X was not satisfied by the Council’s response as it did not resolve the issue. He asserted it was a standard letter and apology which did not show that anything was being done. Mr X also notified the Council that the collection crew were still bin dipping and not collecting all the bags in his bin, and had again left the bin lid and his gate open.
17. Having reviewed Mr X’s complaint the Council said it was experiencing high levels of disruption with the household collections which had impacted on the assisted collections. It reiterated that the depot manager was aware of the poor service and had reminded the crews of his assisted collections. It anticipated this would improve the service.
18. As the service did not improve, Mr X has again asked the Ombudsman to investigate his complaint. He is unhappy that despite several complaints and the Council’s repeated assurances the situation would improve, the problems with his waste collections continued. Mr X is frustrated that the Council has not resolved the issues.
19. In response to my enquiries the Council says the collection crew were verbally reminded not to bin dip several months ago. It states the only possible occasions when this may occur is when relief cover is used. The Council also notes that the situation appears to have settled down as Mr X has not reported a missed collection for four months.
20. Mr X has confirmed the service has improved since he last reported the crew were bin dipping. However, he is concerned that the cycle of a period of improved service followed by a recurrence of missed collections and bin dipping will continue.

Analysis

21. It is clear from the documentation available that there have been further failings in the assisted collection service provided to Mr X. It is both concerning and disappointing, given that we have already found fault twice, that these failings have not been adequately addressed and Mr X has had to raise these issues with us again.
22. Mr X reported five missed collections in a three-month period. I recognise that where the whole street is missed this is likely to be due to operational difficulties. But several of these reports were in fact reports of incomplete collections where not all the waste was collected due to members of the crew bin dipping.
23. The Council suggests the regular crew have been spoken to and no longer practice bin dipping and that where this now happens it is a relief crew. As this is an unauthorised practice, which the Council has repeatedly said should not occur, we would expect the Council to ensure all crews, regular and relief are clearly instructed not to bin dip. Where this practice is reported we would expect the Council to address this with the crews concerned so that the practice ends.
24. The failings in the assisted collection service the Council provided to Mr X amounts to fault. This fault has caused Mr X an injustice. He has had to arrange for his carers to dispose of the uncollected waste and close his bin lid and gate. And has again been put to unnecessary time and trouble in trying to resolve this matter. The ongoing nature of these failings has exacerbated Mr X’s frustration and disappointment with the assisted collection service he received.

Back to top

Agreed action

25. The Council has agreed to apologise to Mr X and pay him £100 in recognition of the frustration and difficulties the repeated failure to make regular assisted household waste and recycling collections has caused.
26. The Council should carry out this action within one month of the final decision on this complaint and should provide us with evidence it has complied with the above actions.

Back to top

Final decision

27. The repeated failings in the assisted collection service the Council provided to Mr X amount to fault. This fault has caused Mr X an injustice.

Back to top

Investigator's decision on behalf of the Ombudsman