Summary: Ms Y complained the Council failed to provide her with a bin in accordance with its policy. She also complained the Council gave her conflicting information about the cost of a new bin. We found fault with the Council’s communication. The Council has agreed to amend its online information and provide Ms Y with a new bin free of charge.

The complaint

1. Ms Y complains the Council has failed to provide a bin in accordance with its policy. She also complains the Council has provided her with conflicting information about the cost of a new bin. Ms Y would like the Council to provide her with a new recycling bin free of charge.

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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)

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How I considered this complaint

3. I have considered the information provided by Ms Y and the Council, the Council’s website and the relevant policy and guidance.
4. Ms Y and the Council have had the opportunity to comment on my draft decision.

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Council Policy

Guidance for Household Waste Collections, December 2022

5. The Guidance says residents who have recently moved into a property are entitled to the standard service and should contact the Council if they have non-standard sized bins at the property, to prevent collection issues.
6. It also sets out that standard service includes a 180 litre refuse bin and a 240 litre recycling bin.

Council’s Waste Services Policies Report

7. This document records the Council’s considerations in introducing policies about waste management, in September 2020.
8. The documents shows the Council considered the fact there was a difference in service to neighbouring areas and sought to address this. It was agreed that standard bins would be 180 litres for refuse and 240 litres for recycling. It was recommended that smaller bins would be replaced with this standard size as and when they broke.
9. It was also agreed the cost for a new bin would be £45 for a refuse bin and £55 for a recycling bin.

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What I found

What happened

10. Ms Y moved to her new home in September 2023, and found they had a smaller recycling bin than is standard for the area.
11. Ms Y says she looked at the Council’s website and saw that she was entitled to a 240 litre recycling bin, and should contact the Council if her bin was smaller.
12. Ms Y says when she called the Council, she was first told she would be charged £45, then that she would be charged £55 and once that she could have a larger bin free of charge.
13. Ms Y says she complained to the Council as she was told again she would have to pay for a bin.
14. The Council responded to her complaint to say she would have to pay for a new bin unless Miss Y met certain criteria for exemption.

Analysis

15. I have considered the Council’s Waste Services Policies Report, which shows the intention was for bins to be replaced as and when existing bins broke. It seems the Council intended to charge residents unless their bin broke. The only exceptions were for residents who receive certain benefits.
16. I have seen the Council’s website includes a link to its Guidance for Household Waste Collections. As above, the guidance states residents are entitled to the standard service, and that a 240 litre recycling bin is standard. This document does not refer to a charge for a bin in its section about people moving into a property with a smaller bin.
17. On the information I have seen, there is fault with the Council’s information as it is unclear that it wishes to charge new residents to receive its standard service. If this is its intention, its website and linked document should be clear that this is the case. The uncertainty here has made Ms Y feel that she is being treated unfairly as it is not clear that whether all new residents have had to also pay for this service.

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Agreed action

18. Within one month of this decision the Council will:

• provide Ms Y with a standard sized recycling bin free of charge.

Within three months of this final decision, the Council will:

• amend its guidance, website and policies to clarify whether residents who have recently moved into a property with a smaller than standard sized bin will be charged for its standard sized bin.

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

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Final decision

20. We have found fault with the Council’s service, which caused Ms Y injustice. The Council has agreed to take steps to recognise the injustice to Ms Y and to prevent a reoccurrence of the situation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman