Summary: Miss X complained the Council has repeatedly not completed her assisted bin collections. She said her bins were regularly not emptied, causing her distress. There was fault in the way the Council did not ensure Miss X received her assisted collection. There was also fault because the Council did not ensure a suitable solution to the issues and it did not consider all factors in this case. This fault distressed Miss X. The fault also meant the contractor did not collect or return the bins in accordance with the assisted collection agreement. The Council has agreed to apologise and collect all the accumulated waste from Miss X’s property. The Council will also reinstate the assisted collections, review the assisted collection agreement and bin storage locations, make a financial payment, monitor collections and remind staff of the Council’s duties and responsibilities.

The complaint

1. Miss X complained the Council has repeatedly not completed her assisted bin collections. She said her bins were regularly not emptied, causing her distress.

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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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
4. If we are satisfied with a Council’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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a Council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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What I have and have not investigated

6. I have investigated Miss X’s complaint since September 2023. ….
7. I have not investigated any reference to older missed bin complaints. I cannot investigate matters over 12 months ago without good reason. I have seen no good reason Miss X did not complain to us before, but I reference older matters in this decision as context.

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How I considered this complaint

8. I read Miss X’s complaint and spoke to her about it on the phone.
9. I considered information provided by Miss X and the Council.
10. Miss 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

Background information

11. 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.
12. Councils are not required by law to collect garden waste, and so they may charge a collection fee for doing so. It is for each council to decide what the fee should be.
13. Councils normally expect people to move their bins to the pavement in front of their property, to allow it to be easily collected. However, a council may decide to provide an assisted collection to a person if they are unable to move their bins because of a disability. Under an assisted collection, the crew will enter the person’s property, such as their garden or driveway, to collect the bins, and then return them to their storage place afterwards.
14. The Council contracts its waste collection duties to a contractor. The Council remains responsible for collections.
15. Miss X has a disability. She has had an assisted collection since 2018. The Council agreed to collect bins from the rear of her property and return them to the same place.

What happened

16. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
17. In June 2022, the contractor reported an “able-bodied person” at Miss X’s address and asked the Council to review the assisted collection.
18. Miss X started to report missed collections and the contractor not returning the bins to the collection point from this date until January 2023, when the Council resolved the issue. The assisted collection continued as it had done since 2018.
19. Miss X started to report missed collections and the contractor not returning her bin again in September 2023.
20. Miss X complained to the Council in September 2023. She said the contractor had left the bin blocking the footpath. The Council responded 5 days later and confirmed it contacted the contractor to make sure collectors were aware of the issue and to return the bins to the correct location.
21. Miss X complained to the Council in October 2023 about where the Council left the bins after collections. She evidenced the bins blocking her footpath. The Council response, a week later, confirmed it reminded the contractor to return the bins to the agreed location as per the assisted collection. The Council apologised to Miss X.
22. In November 2023, the contractor told the Council, the area where the Miss X stored the bins failed a risk assessment. The contractor said it would not collect Miss X’s waste until it agreed a more suitable location.
23. Miss X asked the Council escalate her complaint in November 2023. The Council responded a week later and confirmed the contractor leaving bins in different places in her garden was not acceptable and apologised. The Council advised Miss X the collection point was not safe, and it would leave her bins on the path at the side of her house. Miss X said this was not suitable as she could not move the bin to allow her access on the path.
24. Miss X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Miss X would like the Council to resolve the issues and carry on with the assisted collections.
25. In response to my enquiries the Council confirmed Miss X reported incidents of missed collections or not returning the bins to the collection points 26 times since June 2022. The Council said the contractor considered the bins collection point unsafe and chose a new collection point, on the path at the side of her property.

My findings

26. Miss X repeatedly reported missed collections and not returning bins between September 2023 and February 2024, when she complained to the Ombudsman.
27. Miss X has a disability. The Council agreed an assisted collection for her. This worked well until the contractor asked the Council review the assisted collection in June 2022.
28. It is clear from the Council’s records, the contractor has repeatedly failed to collect, and return, Miss X’s bins. These failings in the assisted collection service amounts to fault. This frustrated Miss X, and her bins were not emptied or returned.
29. The Council has confirmed Miss X is registered for an assisted collection. I have seen no evidence why the contractor stopped completing the assisted collections. It would appear the contractor asking the Council to review the collections in June 2022, impacted the collection, as this is when the issues started. It is for the Council to decide if someone has an assisted collection, not the contractor. The Council ensured the contractor collected the bins after the issues in 2022. However, the contractor then said the assisted collection location was not safe and stopped emptying the bins.
30. The contractor completed a risk assessment to say the collection point was unsafe. It does not explain why the collection point had been acceptable and safe for five years or what changed. The risk assessment recommended the contractor return the bins near the path. However, the contractor then decided, and the Council accepted, to place the bins on the path, blocking Miss X’s footpath. Miss X has a disability and I have seen no evidence of any consideration of a disability, it’s duties under the Equality Act 2010 or any discussion with Miss X about a suitable location. The Council or contractor is entitled to complete a risk assessment. However, it cannot impose any changes without consideration and consultation of the people involved. The change meant the contractor has not emptied Miss X’s bins and the location the contractor identified is not suitable. This is fault which frustrated Miss X and meant her bins have not been emptied.
31. When a council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them. So, although I found fault with the contractor’s actions and service, I have made recommendations to the Council.

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Agreed action

32. To remedy the outstanding injustice caused to Miss X by the fault I have identified, the Council has agreed to take the following action within 4 weeks of my final decision:
• Apologise to Miss X for not collecting and returning her bins in accordance with her assisted collection. It should also apologise for not consulting with Miss X when completing the risk assessment and changing the collection point to an unsuitable location. This apology should be in accordance with the Ombudsman’s new guidance Making an effective apology.
• Pay Miss X £200 as an acknowledgement of her distress and frustration throughout this matter.
• Carry out a one off collection to collect all the waste accumulated because of the missed collections.
• Reinstate the assisted collections in the original location, until Miss X, the Council and the contractor agree a suitable alternative, if needed.
• Complete a new risk assessment with the input of the contractor and Miss X. If the risk assessment does identify the collection point is too high risk to collect from, identify and agree a new location with Miss X.
• Monitor the assisted collection for eight weeks to ensure the contractor collects and returns the bins in accordance with the assisted collection.
• Remind relevant staff of the Council’s duties under the Equality Act 2010.
33. The Council should provide evidence of the actions taken to satisfy the recommendations.

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Final decision

34. I have completed my investigation. I have found fault by the Council, which caused injustice to Miss X.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman