Summary: There was fault by the Council. There were over 30 missed refuse and recycling collections from a property over two years. The Council’s apology, payment and monitoring of the collections over the next six months remedies the injustice caused.

The complaint

1. The complainant, who I shall call Mrs X, complains the Council has not reliably collected waste from her property for two years.
2. Mrs X says that she was never sure when the refuse would be collected meaning refuse was left outside for long periods.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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 read the papers put in by Mrs X and discussed the complaint with her.
6. I considered the Council’s comments about the complaint and any supporting documents it provided.
7. Mrs X and the organisation 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

8. The Council’s records show 6 missed collections from October 2021 to the end of that year from Mrs X’s house. There were about 16 missed collections in 2022 and 11 missed collections in 2023.
9. The Council has said that problems mainly occur with refuse collections when a cover driver is used who is unfamiliar with the round. The Council has said it intends to:
• Add a note to its in-cab system so when the crew are near the property location a flag will come up to remind them to collect;
• Require the crew to manually confirm the collection over the next six weeks.
• Give a written memo to the crews to remind them of the location and need to collect, which will be left in the vehicle for cover crews.
• Speak with the crew within the next week to show them a map of the location and remind them of the collection.
10. The Council has also explained there were different issues with recycling collections. The Council has said that it has altered routes several times and there have been problems which have meant that routes have been too long so the collection is missed or there are safety concerns.
11. There has been fault by the Council. Mrs X has not received a reliable refuse and recycling collection service and it has taken too long for her concerns to be addressed.
12. The Council has said to address this fault it will apologise to Mrs X and make a symbolic payment. I consider a payment of £350 to be a reasonable amount for the distress, which is in line with our remedies guidance.
13. The Council has also explained the changes that are taking place to ensure all residents do not continue to experience problems. These include training new staff, creating a plan to monitor collections, improving the in vehicle systems and replacing vehicles. The Council clearly has a long term plan, which will work alongside its short term monitoring of Mrs X’s collection specifically.

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Agreed action

14. Within one month of the date of the decision on the complaint the Council should:
• Apologise to Mrs X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended.
• Pay Mrs X £350.
• Confirm in writing that it will monitor Mrs X’s collections for 6 months.
15. The Council should provide us with evidence it has complied with the above actions.

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Final decision

16. I have completed my investigation of this complaint. This complaint is upheld as there was fault by the Council. The steps above remedy the injustice to Mrs X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman