Summary: Mr X complained about the Council’s waste collection at properties managed by his building development company. Mr X complained the Council failed to provide adequate bins at the properties and delayed carrying out a bulky waste collection. He also complained about the Council’s complaint handling. We found no fault regarding the provision of bins but fault in the Council’s handling of the complaint. The Council has agreed to apologise to Mr X and provide a financial remedy.

The complaint

1. Mr X complained about the Council’s waste collection at properties managed by his investment company. Mr X complained the Council failed to provide adequate bins at the properties and delayed carrying out a bulky waste collection. He also complained about the Council’s complaint handling. Mr X would like the Council to provide appropriate bins for the properties and to make a financial payment to recognise his time and trouble.

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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. 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)
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 discussed the complaint with Mr X and considered the information he provided.
6. I made enquiries to the Council and considered the information it provided.
7. Mr X and the Council have had the opportunity to comment on a draft of this decision. I have considered their comments before making a final decision.

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What I found

Refuse and recycling collections

8. 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 the councils can decide the type of bins or boxes people must use.
9. The Environmental Protection Act 1990 says councils may require occupiers to provide their own waste bins. (s46 Environmental Protection Act 1990, (3)(d))
10. The Council’s website provides details of its policy regarding waste collection for landlords, managing agents and developers. It says residential locations with five or more flats need to hire or buy general rubbish bins from a third party. The policy says “If you are a managing agent or landlord, you will need to make sure that your tenants have access to appropriate waste bins to ensure collections run smoothly. You will need to make arrangements to buy or hire these from a third party supplier”.
11. The Council’s bulky waste collection policy says it can collect large and unwanted items that cannot be re-used, recycled or transported to its recycling centres. The policy states the Council will charge to collect bulky waste from homes.

The Council’s complaints policy

12. The Council operates a two stage complaints process. The policy says the Council will provide a stage one response within 20 working days, or if this is not possible, it will contact the complainant to agree an extended timeframe. The policy says the Council will provide a stage two response within 20 working days.

Background

13. Mr X’s investment company owns two rental properties. Mr X says one property contains six flats and the other contains nine flats.
14. Mr X previously complained about the Council’s handling of his requests for larger refuse bins in 2020. We investigated Mr X’s complaint (under reference 18014621) and found the Council was not at fault regarding this matter. This was because the Council applied its usual policy regarding the provision of waste bins.

What happened

15. This chronology includes key events in this case and does not cover everything that happened.
16. Mr X wrote to the Council on 6 April 2021 to complain about the waste bins at one of the properties owned by his investment company. He said the Council had not resolved his previous request for adequate bins and had removed one of the bins at the property. Mr X said the result was the bins were overflowing and he had spent time and trouble cleaning up the area.
17. Mr X wrote to the Council again on 8 September 2021 and said he had not received a reply to his letter dated 6 April 2021. Mr X says he provided the Council with a copy of his April 2021 letter and asked the Council to respond within 28 days.
18. Mr X wrote to the Council again on 8 April 2022 to complain about the lack of provision of bins at the properties. Mr X also said a tenant of one of the flats had paid for the Council to collect several bulky items from outside the address prior to vacating. Mr X complained the Council had failed to complete the bulky waste collection.
19. The Council replied on 20 April 2022. It said it was unable to find a copy of Mr X’s letter dated 6 April 2022 and asked Mr X to provide a further copy.
20. Mr X wrote to the Council on 26 April 2022 and provided a copy of his letter dated 6 April 2021.
21. The Council provided its complaint response on 19 May 2022. It said it was sorry Mr X had not received a reply to his concerns about the bins and said it had provided feedback to ensure this did not happen in the future. The Council said that properties with five or more people living in them may ask it to provide a larger waste bin. It also asked Mr X to contact the appropriate team if the bulky waste collection had not been completed.
22. Mr X asked the Council to investigate his complaint further. On 26 August 2022, the Council contacted Mr X and said its stage two investigation was delayed. The Council said it anticipated issuing a response by 6 September 2022.
23. The Council issued its stage two complaint response on 14 October 2022. It said the bulky waste collection was booked by the tenant in December 2021, but the booking was not subsequently confirmed. It said a further booking was made in April 2022 and that this was completed and evidenced by a photograph.
24. Mr X remained dissatisfied with the Council’s response and brought his complaint to us. Mr X said he was informed that the bulky waste was collected in about January 2023.

Analysis

25. Our previous decision (reference 18014621) found no fault in the way the Council applied its policy regarding Mr X’s request for larger waste bins. The Council’s policy says that managing agents or landlords need to make arrangements to buy or hire appropriate waste bins to ensure collections run smoothly. I have not reinvestigated this issue given that we have previously made a decision regarding this matter. I have however, considered whether the Council’s policy is in line with relevant legislation.
26. As stated at paragraph nine, the Environmental Protection Act 1990 says councils may require occupiers to provide their own waste bins. As a result, the Council’s policy advising that agents or landlords are required to provide waste bins is in line with relevant legislation. As a result, the Council is not at fault regarding this aspect of the complaint.

Bulky waste collection

27. Mr X said the former tenant of one of the flats paid for bulky items to be collected from outside one of his properties. Mr X complained in April 2022 that the Council had failed to complete the collection.
28. The Council’s stage two response said the bulky waste collection was booked in December 2021 but due to reasons caused by the tenant, the booking at that time was not confirmed. The Council said a subsequent booking was made in April 2022 and this was completed and evidenced by a photograph.
29. However, the information provided by the Council in response to our enquiries indicates the bulky waste collection did not take place in either December 2021 or April 2022.
30. The Council’s records state there is no photographic evidence of the collection in April 2022 as the collection at that time was cancelled. The Council says this was because the collection was not booked or was not paid for.
31. The Council’s terms and conditions for bulky waste collections states there is a charge for the service. I acknowledge Mr X says the tenant booked and paid for the collection. However, I have seen no evidence to confirm when or if the payment was made. In addition, I have seen no evidence to support the Council’s explanation that it did not receive payment, or that the collection was not booked; its records simply state the collection in December 2021 was cancelled or not completed. As I have seen no evidence to corroborate either parties’ explanation, I am unable to make a finding one way or another on this aspect of the complaint.
32. However, the Council is at fault for providing incorrect information to Mr X as part of its stage two complaint response. The Council said it had completed the bulky waste collection in April 2022 when this was not the case. The resulting injustice to Mr X is the frustration caused and the time and trouble taken in pursuing the complaint.

Complaint handling

33. Mr X submitted his complaint by letter, dated 6 April 2021. He says he sent a copy of this letter to the Council on 8 September 2021 by “signed for” mail, because he had not received a response. Mr X says the Council acknowledged receipt of the letter on 13 September 2021.
34. The Council replied to Mr X on 20 April 2022 and said it could not find a copy of Mr X’s letter dated 6 April 2021. The Council asked Mr X to send another copy.
35. Mr X says he sent a further copy of the letter on 26 April 2022.
36. The Council replied on 19 May 2022 and acknowledged receipt of the letter dated 6 April 2021. The Council apologised to Mr X for not responding sooner.
37. On 26 August 2022, the Council apologised to Mr X for the delay in investigating his complaint at stage two, and anticipated issuing its response by 6 September 2022.
38. The Council issued its stage two response on 14 October 2022.
39. The Council’s complaints policy states it will issue a response within 20 working days. There is evidence of delay in the complaint handling, and I have found this to be fault. The injustice to Mr X is the distress and frustration caused, and the time and trouble taken in pursuing the complaint.

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Agreed action

40. To address the injustice identified, the Council has agreed to take the following action within one month of the final decision:
1. Provide an apology to Mr X for the fault identified;
2. Make a payment of £100 to Mr X in recognition of the distress and frustration caused;
3. Make a further payment of £100 to Mr X in recognition of the time and trouble taken in pursuing the complaint;
4. Remind staff of the importance of maintaining accurate records regarding bulky waste collections, and
5. Remind staff to adhere to the Council’s complaints policy.
41. The Council should provide us with evidence it has complied with the above actions.

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Final decision

42. I have found fault by the Council and the Council has agreed to take the above action to resolve this complaint. I have therefore concluded my investigation.

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Investigator's decision on behalf of the Ombudsman