Summary: Ms X complained the Council failed to return her bins to the correct place, despite receiving assisted collections. We find the Council at fault for failing to follow the assisted collection agreement. We recommend the Council apologise to Ms X, monitor her collections and make a payment to recognise the injustice caused.

The complaint

1. Ms X complains that between December 2022 and December 2023 her bins were not returned to the agreed collection point, despite receiving assisted collections. Ms X says that this left her unable to access her bins and caused significant stress as she had to rely on others for help. Ms X would like the Council to ensure it returns her bins to the correct place.

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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 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. I spoke to Ms X about her complaint and considered information she provided.
5. I also considered information received from the Council.
6. Ms 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

Law and policy

7. Councils, as local waste collection authorities, have a duty to collect domestic waste and recycling from households. This is set out in the Environmental Protection Act 1990. Many local authorities provide a weekly collection service but are not required to. Others only empty bins fortnightly.
8. The Council provides an assisted collection service for people who live alone and are physically unable to move their bins to the front boundary of their property. The Council states that if somebody is eligible for this service, their bins will be taken for emptying and placed back in the agreed storage point by the collection crew.
9. The Council has a facility for reporting missed bin collections on its website.

What happened

10. Ms X applied for assisted collections in February 2022, and an agreement was recorded on the Council’s system in March 2022. This confirmed the agreed point for Ms X’s bins to be collected and returned was her driveway.
11. Ms X says that between December 2022 and December 2023 her bins have frequently been left in the wrong place by the collection crew. The Council have confirmed that since the start of the assisted collection agreement it has received five complaints and one missed bin report from Ms X.
12. Ms X complained to the Council in September 2023. The Council replied in October 2023, and upheld Ms X’s complaint. It confirmed that Ms X had previously complained in July, but it had missed her email. It told Ms X it has set up a filter for her email address to ensure this did not happen again. The Council said it had raised the matter with its contractor and reminded the collection crew of the assisted collection agreement.
13. The Council says that in October 2023, following a complaint, it asked its contractor to carry out supervisor checks at Ms X’s property for a few weeks. However, it says this was not actioned and it has no record of these checks being completed.
14. Ms X complained again in December 2023 and the Council responded a few days later and directed her to the Ombudsman. It wrote to her again that month confirming her complaint had been upheld and reiterated that it has spoken with its contractor. Ms X says the issues are ongoing.

Analysis

15. The Council has upheld Ms X’s complaint and accepted that her assisted collections have not been completed correctly.
16. Ms X receives assisted collections due to her medical conditions and has no other way to dispose of her waste. Ms X has explained that the issues with her collections have caused her injustice as they resulted in her being unable to use her bins. She explained that she often must rely on others to return her bins to her driveway, and that this has caused her stress. It is clear the missed collections have caused her considerable distress. This increases the injustice caused by the Council’s failure to provide a regular waste collection service.
17. When dealing with Ms X’s complaint, the Council missed an email from her and failed ensure the supervisor checks had been completed. This is fault and further increases the injustice experienced by Ms X, who says that the problems are still ongoing.

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Agreed action

18. Within one month of the final decision the Council has agreed to:
• write to Ms X and apologise for the frustration and distress caused by the identified faults;
• make a symbolic payment of £300 to Ms X in recognition of the distress caused by the missed collections; and
• review the process of reporting issues with assisted collections with Ms X, to ensure instructions are clear.
19. The Council should monitor all of Ms X’s assisted collections for two months following the final decision. It should ensure it collects, empties, and returns the bins in line with the assisted collection policy.
20. The Council should provide us with evidence it has complied with the above actions.

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Final decision

21. I find the Council at fault for failing to return Ms X’s bins in line with the assisted collection agreement. The Council has accepted my recommendations and I have completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman