Summary: We have found fault with the Council for missing Mr X’s waste collections and failing to record the reasons why. This caused Mr X an avoidable inconvenience which continued for over a 12 month period.

The complaint

1. Mr X complained the Council regularly missed his waste collections. He said when the Council changed from wheelie bins to bags and missed collections, the bags would rip, and rubbish would be strewn down the street.

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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 significant injustice, or that could cause injustice to others in future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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

4. I have considered Mr X’s complaint and have spoken to him about it.
5. I have also considered the Council’s response to Mr X and to my enquiries.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Legislation

7. 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.

What happened

8. Mr X reported 14 missed collections to the Council between May 2022 and July 2023.The Council could not confirm what the reasons for the missed collections were as the crew did not routinely use the ‘in-cab’ unit to record issues. The Council said its system did flag up potential issues along Mr X’s street as a large number of missed collections were raised on line.
9. The Council said that Mr X’s street is narrow and the waste vehicle could not fit safely. Therefore, the collection was from the alleyway behind Mr X’s property (and other properties on his street). The Council said this road was unadopted and unmade with potholes and overhanging trees. It said for this reason, the waste vehicle struggled to turn down the road and collections were missed.
10. The Council said it considered a range of options at a waste team managers’ meeting. I have not seen any evidence of this as the Council has no record from the meeting.
11. The Council decided that a change from a bin to bag collection would resolve the access issues. This is because a small, caged vehicle could fit down the alleyway. However, the vehicle has no bin hoist so the crew would need to manually lift the refuse into the vehicle. Bags are lighter than bins.
12. The Council wrote to the residents to advise them of the change to a bagged collection on 14 February and the change came into effect on 2 March 2023.
13. The Council said since March, it had experienced a shortage of drivers which impacted the whole borough. It said that this was now resolved and collections were consistent.

My findings

14. The Council recognised that it was failing to provide a consistent and reliable waste collection service. There was fault here as the Council has a duty to collect domestic waste and recycling from households.
15. This fault caused Mr X the inconvenience of overflowing bins and later, torn bags and loose waste being left in the street behind his house.
16. The crews did not adequately record the reasons for the missed collections using the in-cab system. This meant that the issues remained unresolved for longer than necessary as the Council had to effectively rely of residents reporting missed collections to identify problem areas. There was fault here.
17. Once the Council identified the problem of the vehicle accessing the rear alley, it decided to change from a bin to bagged service. There is no record of the discussions leading to his decision. Although I have fallen short of finding fault here, it is good practice to keep a record of meetings especially where decisions are made.

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Agreed action

18. Within 4 weeks of my decision, the Council has agreed to:
1. Apologise to Mr X for the inconvenience caused by the missed waste collections.
2. Pay Mr X £300 for the distress and inconvenience caused by the missed collections.
19. Within 8 weeks of my final decision, the Council will be able to demonstrate that:
1. it has monitored Mr X’s waste collections for an 8 week period.
2. the refuse crews (borough-wide) are using the in-cab system regularly and provide training for them if necessary.
20. The Council should provide us with evidence it has complied with the above actions.

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Final decision

21. I have completed my investigation. The Council was at fault for failing to collect Mr X’s waste in a consistent manner. This caused Mr X an injustice. The Council also failed to properly record issues experienced by the waste crew which resulted in the problems continuing longer than necessary.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman