Summary: We found fault by the Council on Mr R’s complaint about its repeated and regular failure to collect waste from his property. The Council failed to take steps to ensure robust systems were in place to prevent repeated failures from recurring. It also failed to respond to his complaint within stated timescales. The agreed action remedies the injustice caused.

The complaint

1. Mr R complains about the Council’s repeated and regular failure to collect waste from his property; as a result, he is put to the inconvenience of taking waste to one of its waste recycling centres and is frustrated with the need to make repeated reports.

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The Ombudsman’s role and powers

2. 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)
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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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What I have and have not investigated

5. I have only investigated the complaint received from Mr R, although he said other residents were affected. This is because I did not receive any form of consent from any of them to say Mr R complained on their behalf.
6. Nor did I investigate any of the Council’s actions that took place before April 2022. This is because Mr R complained to us in April 2023 and the law says we cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done.
7. I have seen no good reasons why I should exercise discretion to investigate events before that date.

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Household waste and recycling collections

8. Councils have a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in their area. The collections do not have to be weekly, and councils can decide the type of bins or boxes people must use.

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How I considered this complaint

9. I considered all the information Mr R sent, as well as the Council’s response to my enquiries on his complaint. I sent a copy of my draft decision to Mr R and the Council.

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What I found

10. Mr R has lived in his home, which is above a row of shops, for more than ten years. Access to his, and other residents’ bins, is by way of a small road to the rear. He says he reported missed bin collections for the past eight years with the Council doing little to resolve the problem. As a result, for both general and recycling, he takes the uncollected waste to the local Council waste centre. He also reports the missed collections to the Council.
11. Mr R is also unhappy with the way the Council dealt with the formal complaint he sent in early December 2022. Receiving no response, he chased the Council about it in February 2023. The Council responded under stage 1 of its complaints procedure in mid-February. The same month, Mr R asked for the complaint to go to stage 2.
12. In March, the Council responded, upholding his complaint. In its response, it explained the collection points are based on driver knowledge. These points are not formally recorded or relayed to the collection crews. Nor is there technology in the cabs which gives this information or allows crews to record when a collection is missed. When there is driver sickness, vehicle breakdown, or failure to gain access, the service is disrupted. The Council apologised for the failures.
13. It agreed to monitor the situation over four weeks to ensure collections, including missed ones, were done. Longer term, the Council is looking at in-cab technology to provide individual household information for crews.
14. The Council confirmed:

• since April 2022, Mr R reported 8 missed collections on 4 separate occasions;
• these were about missed recycling collections which means on four occasions, two separate crews failed to collect;
• it received 35 missed collection reports on 21 occasions from his immediate neighbours. Most of these were recycling collections which are made fortnightly and two residual waste ones;
• two of the reports were about collections that were not due;
• since March 2023, there was only one missing collection reported. This was in June and due to a lack of driver knowledge. It resulted in a further period of monitoring;
• the service provides unlimited black sack collection. Residents have the option of presenting other waste for recycling in black bags. It explained this can lead to confusion with crews. Another issue is identifying waste to the rear of the shops which is not solely for residential properties;
• officers visited the site and discussed the reasons for missing bins with crews;
• crews are made up of those with knowledge of the collection routes which are listed in calendar areas;
• it has access to a software system but chose not to set it up. It will not look again at this decision; and
• the results of a four-week monitoring period found bins were collected. Since then, it received no further reports of missed collections;

15. The records of missed collections the Council sent include reports from Mr R and his neighbour. These show there were the following reports of missed collections:

• 2022: May (4); July (2); August (8); September (8); October (3); November (6); December (5); and
• 2023: January (3); February (2); March (1); June (2).

My findings

16. I found fault on this complaint which caused Mr R an injustice. In reaching this view, I took the following into account:
1. The Council accepts there were more than 30 missed collection reports received since April 2022. These were from Mr R and his neighbour. On balance, due to the unique relationship with his neighbours, I have concluded the reports highlighted joint problems with their waste collections. I am satisfied the evidence shows a systemic failure in its processes which caused him an injustice as he had the frustration and inconvenience of not having his waste collected, contacting the Council about it, and taking it himself to a recycling waste centre. There was also a lost opportunity as the Council failed to take effective action to ensure these failures were not repeated.
2. The service has the following failures. It:

• relies too heavily on driver knowledge. This leaves the collection round vulnerable to errors particularly if a driver is unable to work, for example;
• has no formal system for recording or relaying collection point information to crews. This again shows a problem with information sharing to allow for a continuous and consistent service;
• allows for unlimited black bag collection and residents have the option of presenting other waste for recycling in them as well. This system is confusing for crews; and
• allows for confusion for crews who have trouble identifying waste to the rear of the shops as there is both residential and commercial waste present.
3. As a result, the service does not provide reliability, certainty, consistency for residents in terms of waste collection from these residential properties. I am satisfied these failures caused injustice to Mr R. This was in the form of distress and includes frustration, inconvenience, some stress, and anxiety.
4. Under the Council’s complaints procedure, it will send a stage 1 response to an initial complaint within ten working days. Mr R sent his complaint at the start of December 2022. The Council sent its stage 1 to him on 16 February 2023. This was eight weeks late. I am satisfied this delay caused Mr R an injustice as he had the frustration and inconvenience of having to chase the Council for its response.

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Agreed action

17. I considered our guidance on remedies.
18. The Council agreed to carry out the following action within four weeks of the final decision on this complaint:
1. Send Mr R a written apology for failing to: progress his complaint without delay; prevent repeated missed bin collections; take effective action to ensure collections were not missed; act to ensure the service had robust systems in place which did not rely so heavily on driver knowledge; have a system which records or relays collection point information to crews; ensure it has a clear system for crews to identify when residents put other waste out for recycling; ensure it has a clear system for crews so there is no confusion identifying residential and commercial waste to the rear of the properties.
2. Pay £300 to Mr R for the injustice caused.
3. Review why the complaint procedure was not complied with and act on the outcome to ensure the reason is not repeated in future cases.
19. The Council also agreed to carry out the following action within 12 weeks of the final decision:
1. Review what changes it can make to the service to ensure it has a process that is less reliant on driver knowledge only.
2. Review what changes it can make to record and relay collection information to crews.
3. Consider whether it is feasible to introduce in-cab technology to assist crews with their collection rounds to ensure all crews have access to: information about collection routes; updated recording or relaying collection information; information about missed collections as soon as reports are received.
4. Consider and assess what action it can take to allow for a clearer system for crews when residents present waste in black bags for recycling and notify affected residents of any changes.
5. Consider and assess what action it can take to enable crews to clearly identify between different types of waste for collection to the rear of the shops and residential properties and notify any changes to residents affected.
6. Review contract arrangements with the waste contractor and monitor compliance when systemic problems have been addressed.
20. The Council should provide us with evidence it has complied with the above actions.

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Final decision

21. I found fault on Mr R’s complaint against the Council. The agreed action remedies the injustice caused.

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Investigator's decision on behalf of the Ombudsman