Summary: We will not investigate Mr X’s complaint that the Council persistently failed to collect his bin. We are satisfied with the actions the Council has taken or intends to take. Mr X’s other complaints are new and the Council should be given the opportunity to investigate and reply.

The complaint

1. Mr X complained to us in April 2023 that the Council had failed to collect his bin under an assisted collection agreement on many occasions since 2022 and not communicated with him about this or dealt with his complaints.
2. Mr X also complained the refuse operatives were taking photographs of his property and staying outside his house for too long.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Following Mr X’s complaint to us in April 2023, we referred the matter back to the Council as we did not consider it had been given a reasonable opportunity to respond to Mr X’s complaints.
8. Mr X contacted us again in June 2024 to say he remained dissatisfied because the Council had not resolved his complaint.
9. In response to our enquiries, the Council says it sent Mr X a final decision letter in October 2023. The letter explained that in relation to his missed bin collections, the refuse operatives had reported they could not gain access to the bins which were to the rear of Mr X’s property because of the condition of the back garden. The Council said it could not verify that because it had not seen the garden at the time, but the fact maintenance work had subsequently been carried out supported the refuse company’s response. The Council said it had viewed the refuse company’s recent records and it was satisfied Mr X’s bin was now being regularly collected.
10. The Council explained the operatives had work mobiles and where was a dispute about collections they were instructed to take photographs as evidence the bin had been collected. However, it apologised that photographs had been taken from the garden instead of the road in line with its procedures. It said the operatives had been reminded of the procedures.
11. The Council also explained the refuse vehicle would stay outside Mr X’s property for a short period whilst bins were collected from the access alley at the back of several properties on Mr X’s road.
12. Mr X did not contact us again in June 2024. He said he had not received the Council’s October final response. In August 2024, he told us his bin was still not being collected regularly. He also raised issues around the refuse company and the operatives including them smoking, swearing at him and taking photographs of his property and parking badly so the road was blocked.
13. I will not investigate the issues Mr X raised in April 2023 which the Council responded to in October 2023. At that stage, the actions the Council had taken, or proposed to take were satisfactory to address the issues raised by Mr X.
14. I will not investigate the complaints Mr X made to us in August 2024. I note Mr X says he did not receive the Council’s final response in October 2023. However, Mr X took eight months to contact us to chase it. Because of this and the significant period of time that has now passed, I will not consider Mr X’s more recent complaint about missed bin collections as a continuation of his previous complaint. Mr X should raise complain first to the Council and then return to us if he remains dissatisfied after the Council’s final response.
15. And in relation to the issues Mr X raised in August 2024, these are new and again, he should first raise them with the Council.

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Final decision

16. We will not investigate Mr X’s April 2023 complaints because the actions the Council took were satisfactory to address the issues Mr X raised. All of Mr X’s more recent complaints are new and the Council should be given the opportunity to investigate and reply.

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Investigator's decision on behalf of the Ombudsman