Summary: Mrs X complained the Council failed to provide her with a replacement bin. She also said it took too long to deliver an additional bin she requested, and said the Council failed to communicate properly with her. We find the Council was at fault for the significant delay in providing her with a replacement bin. We also find the Council at fault for failing to properly communicate with Mrs X. This caused her inconvenience, uncertainty, frustration and put her to the time and trouble of complaining. We do not find fault with the Council for how it dealt with Mrs X’s request for an additional bin. The Council has now apologised and provided Mrs X with both a replacement and additional bin. The Council has also agreed to our further recommendations to remedy the injustice caused.

The complaint

1. Mrs X complained the Council failed to provide her with a replacement bin. She said she was unable to dispose of all her waste, leading her to take regular trips to the local refuse centre. Mrs X also said the Council took too long to deal with and deliver her request for an additional bin.
2. Mrs X also said the Council failed to communicate properly when dealing with her request and concerns.
3. Mrs X said this caused her uncertainty, frustration, and put her to the time and trouble of complaining to the Ombudsman.

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The Ombudsman’s role and powers

4. 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)
5. 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

6. I have considered the documentation submitted by Mrs X in support of her complaint and have spoken with her on the telephone. We have asked questions of the Council and have considered its responses.
7. I have considered Mrs X and the Council’s comments on my draft decision before making this 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 arrange for the collection of 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.
9. The Council’s website says a brown domestic bin can be requested if (among other reasons):

• A bin is damaged; or
• The service user has too much waste for the bin.

10. The Council said it aims to deliver bins within 28 days.

What Happened

11. Mrs X contacted the Council in December 2022. She asked for a replacement bin as her older bin was no longer fit for purpose.
12. Mrs X chased the Council for an update on 23 April 2023. She told the Council she had been waiting nearly five months for a replacement, noting the Council’s website said a replacement delivery should only take three weeks. Mrs X also told the Council she needed an additional bin. She explained her son had recently been discharged from hospital and, due to this, there was extra waste. She said this meant she had to make regular trips to a local refuse centre and was worried that a build up of rubbish could affect her son’s health.
13. The Council responded to Mrs X’s concerns. It apologised for the inconvenience it had caused. It said it had forwarded a request for the delivery of two bins. It said if Mrs X remained unhappy, she could escalate her complaint.
14. Mrs X checked the progress of her request on the Council’s online portal system in May 2023. This told her that her request was still ‘open.’
15. Mrs X re-contacted the Council and reiterated her concerns.
16. The Council reiterated its earlier response and apologised. It said its team would deliver a replacement and additional bin. The Council told Mrs X if she remained dissatisfied, she could complain to the Ombudsman.
17. Mrs X complained to the Ombudsman in June 2023.
18. In response to the Ombudsman’s questions the Council confirmed it had delivered Mrs X’s replacement bin in late May 2023 and delivered her additional bin in early June 2023. It recognised Mrs X’s request was not fulfilled to its usual standards. However, it noted there had been high demand for bin deliveries which had led to substantial delays, and it had worked hard to fulfil the requests.

Analysis

19. The Council accepts there was delay in fulfilling Mrs X’s request for a replacement bin. This was fault. The Council has already apologised to Mrs X and has now provided her with the replacement bin. While this deals with the lack of a suitable bin, it does not reflect the five months of delay that caused her inconvenience and frustration. I welcome the Council’s apology; however, I have made a further recommendation to remedy the injustice caused.
20. Mrs X made a further request for an additional bin in April 2023. The Council delivered this in early June 2023. On reviewing the Council’s notes, I am satisfied the Council has properly considered Mrs X’s request and delivered her bin within a suitable amount of time. Therefore, I do not find fault with the Council’s actions.
21. In its response to our questions, the Council noted there had been a high demand for bins that had led to delays. I have seen no evidence it communicated this to Mrs X at the time. This was fault. Mrs X had a reasonable expectation to be kept up to date with her request and to have been informed of the reasons for any delay. In not doing so, the Council caused uncertainty and frustration and put her to the time and trouble of complaining. I have made a recommendation to remedy the injustice caused to Mrs X.

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Agreed action

22. By 10 October 2023 the Council will:

• Pay Mrs X £100 for inconvenience, uncertainty, frustration, and for putting her to the time and trouble of complaining.
• Share this decision with staff dealing with bin requests to highlight the need to properly communicate with service users and keep them informed of reasons for any delays.

23. The Council should provide us with evidence it has complied with the above actions.

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Final decision

24. The Council was at fault for the delay in providing Mrs X with a bin. We also find the Council was at fault for how it communicated with Mrs X. This caused Mrs X inconvenience, uncertainty, frustration and put her to the time and trouble of complaining. We have made recommendations to remedy the injustice caused to Mrs X.

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Investigator's decision on behalf of the Ombudsman