Summary: Mr X complained the Council failed to regularly collect his bins. Mr X said he has reported the missed collections, but the operatives do not regularly return to empty the bins. The Council is at fault for failing to collect the bins. This has caused Mr X avoidable frustration, time and trouble.

The complaint

1. Mr X complained the Council failed to regularly collect his waste and recycling. Mr X reports the missed collections, but the operatives do not regularly return to empty the bins. Mr X’s waste collection point is a mile from his house, he returns and stores his bins at his property until the next collection date. This causes Mr X frustration, time and trouble. Mr X wants the Council to improve the service.

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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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What I have and have not investigated

4. My investigation focuses on the missed collections in 2023. I have used the information from the missed collections in 2022 to inform this investigation.

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How I considered this complaint

5. As part of the investigation I have considered the following:
• The complaint and the documents provided by the complainant.
• Documents provided by the Council and its comments in response to my enquiries.
• The Environmental Protection Act 1990
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

Relevant legislation

7. 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.

The Council’s policies and procedures

8. The Council collects recycling on a weekly basis and waste once a fortnight.
9. A householder must present their bins for collection no later than 6am on the day of collection. A bin is considered a missed collection if it has not been emptied by the end of the day once the crew has reported it has completed its round.
10. A householder must report a missed collection within two days if they want a return collection. A resident can do this online. The Council will return to empty the reported missed bin as soon as possible, ideally within five working days.
11. The Council only accepts complaints from residents who have reported three missed collections of the same service (for example, three recycling collections or three garden waste collections) over a six-month period. The Council considers less than this is a reasonable tolerance.

What happened

12. I have summarised below the key events; this is not intended to be a detailed account.
13. Mr X lives on a farm in a rural location. His waste collection point is a mile from his property on the main road.
14. Mr X reported a missed bin collection in January and March 2022. He complained to the Council in March 2022. The Councils stage one response explained it was experiencing challenges due to staff shortages and vehicle breakdowns.
15. Mr X reported eight further missed collections between March and November 2022. Mr X asked for a review of his complaint in October 2022.
16. The Councils stage two response admitted fault and said the main causes were staffing issues, vehicle breakdowns and the high volume of waste presented.
17. The Council said it was working towards improving the service generally by reviewing procedures and streamlining the service to make it more efficient. It had employed a new manager and was trying to recruit new Heavy Goods Vehicle (HGV) drivers and was offering overtime to crew members to overcome staffing issues. It was hiring additional vehicles and remodelling the collection rounds.
18. The Council said it was working hard to improve the service but could not guarantee it would not miss some future collections. It apologised for the inconvenience caused and offered £20 as an apology.
19. Mr X reported three further missed bin collections in July, September and October 2023. The Council collected the next week following the missed collections in July and September. After the missed collection in October, the Council returned the following day.
20. Mr X complained to the Ombudsman in August 2023. He said the Council has missed collecting his bins and does not return to empty them when he reports it. In conversation with me, Mr X said his bins had been stolen when left out uncollected. He therefore chooses to bring his bins back to his property when the Council fails to collect. This is inconvenient as it is a long way to transport the bins and he must store them. Mr X wants a better service.

What has caused the recent issues and what action is the Council taking?

21. In response to my enquiries, the Council explained why it missed the 2023 collections. On all three occasions, the waste collection department was short staffed due to staff absence. This impacted all crews as some had smaller teams and some worked on unfamiliar rounds.
22. The Council said it recruited twice for HGV drivers without success. It has now employed one new driver and inducted agency drivers. The Council also said some supervisors and managers are trained HGV drivers and help on collection rounds when necessary.
23. The Council explained it is still having issues with vehicles breaking down. The Council is receiving 12 new recycling vehicles in April 2024 which it anticipates will reduce the issues.
24. The Council explained it had remodelled some recycling rounds over the summer which impacted many properties. The Council had issues with the remodelling which led to missed collections. The Council said it has learned from its mistakes and will remodel differently in the future.

The Council’s plan to prevent future missed collections at Mr X’s property

25. The Council added Mr X’s property as a “point of interest” on the in-cab technology which highlights the property when the vehicle drives within its radius and reminds the crew to collect.
26. The team manager spoke to the driver on Mr X’s round, identified the property on a map and highlighted the issues. The loaders are also familiar with the location. Only one crew member is allowed to book leave at a time to ensure there is someone that knows the location of Mr X’s property. Should all crew members be off at the same time because of sickness, the property will be highlighted to the cover crew before they leave the yard.
27. For the next six weeks, the crew must manually confirm they have collected from Mr X’s property. The crew cannot sign off for the day without completing the collection. The property is also on a list which is checked on collection day.

Analysis

28. Mr X complained ten times in 2022 about missed collections. I have not considered in detail why these were missed but I have considered the Councils stage two response and the measures it put in place to improve the situation.
29. Since the stage two complaint, Mr X reported a further three missed collections in 2023; there are continuing issues. The number of missed collections dropped from the previous year and there was an eight-month period where the Council collected Mr X’s bins according to the schedule. This is a significant improvement.
30. For the Council to consider a complaint about missed bins, it must have missed three collections of the same bin over six months. Anything less is within a reasonable tolerance. The bins missed in 2023 were all recycling and were within a six-month period. Even though there have been significant improvements, this meets the criteria for the Council to consider it an issue. This is fault.
31. The Councils collection procedure says the crew will aim to return to all valid missed collections within five working days. On all occasions in 2023, the Council returned within this timeframe to collect. The Council is not at fault.
32. The Council is aware of its staffing issue. During staff absences, a crew has generally still been dispatched, sometimes with different members and managerial staff driving. While this is not ideal, the Council has been creative in trying to keep the service running as smoothly as possible. The Council has tried to recruit and despite some unsuccessful attempts, has confirmed it has now employed new HGV drivers.
33. The Council has suggested specific ideas to improve the service received by Mr X as detailed above. This will hopefully limit any further injustice. The Council is aware of the issues and is trying to resolve the situation.

Faut causing injustice

34. The Council is at fault for failing to collect Mr X’s recycling according to the schedule. This has caused avoidable frustration and inconvenience as Mr X had to check, move and store the bins. He has also been put to time and trouble reporting the missed collections. This is his injustice.

Remedies

35. The Council has planned some solutions and implemented others to remedy the injustice and improve the service.
36. In addition to this, within one month of my final decision, the Council has agreed to:
• Apologise to Mr X in writing.
• Pay Mr X £150 for his avoidable frustration, inconvenience, time and trouble reporting and complaining to the Council and the Ombudsman.

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Agreed action

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

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Final decision

38. I have completed my investigation. The Council is at fault for failing to collect Mr X’s bins. This has caused Mr X avoidable frustration, time and trouble.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman