Summary: Mr X complained the Council had failed to comply with all the recommendations agreed in resolution of his earlier complaint. The Council’s failure to carry out the agreed recommendations was fault. This fault caused Mr X unnecessary frustration and uncertainty.

The complaint

1. The Complainant, whom I shall refer to as Mr X complained the Council had failed to comply with all the recommendations agreed in resolution of his earlier complaint. Specifically the Council has not complied with the recommendation to

“review the waste side collection arrangements for Mr X’s street to determine whether kerbside collections can resume, for example with a narrower vehicle or alternatively to ensure any designated collection points can safely accommodate the number of bins presented. The Council should clearly communicate any decisions regarding the waste collection arrangements to residents.”

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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 the 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. As part of the investigation, I have:
• considered the complaint and the documents provided by Mr X;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with Mr X; and
• 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

5. Mr X previously complained about failings in the Council’s waste collection service. We found that the Council had failed to properly address the issue of restricted access to Mr X’s street leading to missed collections and had not communicated with residents about changes to collections.
6. A small number of residents decided to move their bins to the end of the street to ensure their household waste and recycling was collected. Other residents, including Mr X were then told informally that this would be the new collection point and began to present their bins there. They did not receive any formal communication from the Council. Although this resolved the issue of missed collections we were concerned the Council had not assessed the suitability or safety of this presentation point or considered any alternatives.
7. As part of the resolution of the complaint the Council agreed to review the waste collection arrangements for Mr X’s street to determine whether kerbside collections could resume, for example with a narrower vehicle, or alternatively to ensure any designated collection points can safely accommodate the number of bins presented. The Council also agreed to clearly communicate any decisions regarding the waste collection arrangements to residents.
8. The Council wrote to Mr X in May 2023 noting the waste and recycling was now being collected as scheduled from the presentation point agreed between the residents. It confirmed any further changes to the collection point would be communicated to residents. Mr X did not consider this satisfied the requirements of the agreed recommendations.
9. When we asked for evidence of compliance with the recommendations the Council also told us the residents were using the presentation point they had agreed upon amongst themselves and that collections were taking place. It reiterated that changes to the collection arrangements were necessary because the estate management had installed boulders which restricted vehicle access.
10. However, the Council did not provide any evidence it had reviewed the arrangements put in place by residents to consider whether they were safe or appropriate. Nor did it evidence it had considered whether it could use a narrower vehicle to resume kerbside collections, or that it had written to all residents.
11. We opened a new complaint to consider Council’s failure to carry out the agreed recommendations. In response to my enquiries the Council says service managers from the depot visited Mr X’s street in May and August 2023 to view the collection arrangements. They assessed the suitability and safety of the collection point and residents’ ability to move the bins the length of the street. The Council says where residents are registered for assisted collections because they cannot move their own bins, the crews collect the bins from their house and return them after they have been emptied.
12. Having reviewed the collection arrangements, the depot managers have confirmed they are unable to resume kerbside collections. The estate management installed boulders on the verge which restrict access to Mr X’s street. The Council says the collection point will remain in place unless/until the boulders are removed. It wrote to all the residents of Mr X’s street in September 2023 confirming the collection arrangements.
13. The Council says it has considered using narrower alleycat vehicles to make collections from Mr X's street but decided this was not possible as:
• there is no guarantee an alleycat vehicle can gain access past the boulders to carry out kerbside collections;
• all the alleycat vehicles in the Council’s fleet are currently at capacity dealing with other collections; and
• the Council is currently unable to allocate any new fundings to add more alleycat vehicles to the fleet.
14. In addition, the Council says it uses container vehicles to collect waste from the flats off Mr X’s street. As these vehicles are designed to only pick up container bins they cannot be used to pick up residential waste bins. It states that managers at the depot have also confirmed the container vehicles do not use Mr X’s street to access the flats due to the access issues caused by the boulders. They instead use a second entrance on a neighbouring road to access the flats.
15. The Council says it has identified during this investigation that it needs to review its processes for record keeping, detailing site visits and suitability and safety records. It will review and monitor these processes to ensure all staff are adhering to them. The Council will also review its current handover procedures for leavers/ movers and new starters.
16. Mr X is not satisfied with the Council’s actions and its letter to residents. He is unhappy residents were not consulted and asserts the Council has not considered the health and safety implications of the presentation point, or the impact on residents. Mr X asserts that rather than reach a decision that is safe and fair to residents it has based its decision on the convenience of the collection crew.
17. Mr X would like an independent review of the collection arrangements. He does not consider it appropriate for the depot to review the arrangements itself.

Analysis

18. The Council’s failure to carry out the review of the collection arrangements and to consider any alternatives within the agreed timeframe is fault. This fault has caused Mr X unnecessary frustration and uncertainty.
19. I am satisfied the Council has now carried out the agreed recommendation and reviewed the collection arrangements for Mr X’s street. Officers have visited Mr X’s street to view the collection point identified by residents and have confirmed this is acceptable. They have also considered the access issues and whether kerbside collections can be made using smaller vehicles and determined this is not currently possible. The Council has also confirmed there are arrangements in place for those who need assistance with collections.
20. I recognise Mr X is unhappy the Council has not resumed kerbside collections and that residents are still expected to present their bins at the collection point. But this is a decision the Council can make.
21. The Council has also now written to all residents to formally inform them of the decision regarding the collection point, in accordance with our recommendation.

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Agreed action

22. The Council has agreed to apologise to Mr X and pay him £100 in recognition of the frustration and uncertainty caused by its failure to carry out the agreed recommendations.
23. The Council should take this action within six weeks of the final decision on this complaint and should provide us with evidence it has complied with the above actions.

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Final decision

24. The Council’s failure to carry out the agreed recommendations was fault. This fault caused Mr X unnecessary frustration and uncertainty.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman