Summary: Ms X complains the Council was at fault in the way it responded to her request for a bulky items collection and to her complaints about the matter causing distress. We found fault as the Council initially failed to make a referral to its waste services to arrange a reasonable adjustment when collecting the bulky items. We also found fault in the way the Council responded to Ms X’s complaints about the matter. We have recommended a suitable remedy in this case so have completed our investigation.

The complaint

1. Ms X complains the Council did not make a reasonable adjustment for her when she requested a bulky waste collection. Ms X says it led to her feeling distressed and discriminated against due to her disability.

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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. I spoke to Ms X and considered the information she provided with her complaint. I considered information from the Council and the supporting documents it provided.
5. 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

The Council’s collections

6. The Council’s waste policy offers residents an assisted waste collection if they cannot transport their wheeled bins to the required collection point. This can be because of ill health, infirmity, or disability and without occupants in the household to help them. Residents will be considered for the assisted collection upon request and the Council considers cases on their merits. Residents on an assisted collection will leave their wheeled bins to be collected by an operative from an agreed collection point. The bins are then emptied into the collection vehicle and returned to same position.
7. The Council offers a bulky waste collection for domestic properties for items too big or heavy to put in a wheeled bin. The Council charges for the collection and a resident can apply online for the collection or via the Council’s customer contact centre. Items for a bulky waste collection need to be placed within the boundary of the property, as close as possible to entrance, making sure it does not cause a hazard by blocking the public highway. The policy says collection crews cannot enter the resident’s property, garage, or shed to collect the items.
8. Waste Services’ instructions to the customer contact centre are that should a resident not fit the policy, to log feedback and direct it to Waste Services to consider.

What happened in this case

9. What follows is a brief chronology of key events. It does not contain all the information I reviewed during my investigation.
10. In July 2023 Ms X called the Council’s customer contact centre to arrange a bulky waste collection from her property. Ms X said she would leave the items inside her back gate for collection but the customer adviser said she needed to leave the items at the bottom of her drive. Ms X explained she was on assisted collections from the Council due to her disability so could not move the items herself and had no one to help her. The adviser maintained the Council’s waste collection policy terms and did not refer Ms X to the waste team. Ms X said she was upset and ended the call.
11. Ms X made a second call as she considered the adviser unaware of the Council’s policy to make reasonable adjustments. Ms X spoke to a different adviser and explained her situation. The Council says Ms X was correctly advised she would need to be referred to Waste Services to decide on an alternative location for collecting the items. The adviser made the referral.
12. Ms X complained to the Council about the telephone calls. Ms X said as she was on an assisted collection it showed she was disabled. Ms X considered it embarrassing to have to say she was disabled, ask to be individually assessed and explain she could not handle her bulky waste. Ms X alleged she had been humiliated and discriminated against.
13. On 2 August 2023 Waste Services notes said a member of staff should contact Ms X. Waste Services reported it made two calls to Ms X offering a collection from her requested location as a reasonable adjustment due to her disability. But Ms X advised she would be making her own arrangements and cancelling the bulky collection. Ms X cancelled the collection on 7 August 2023.
14. Ms X chased the Council for a response to her complaint. Waste Services responded to Ms X’s complaint on 18 August 2023. It noted Ms X requested a bulky items collection and told they would be collected from the bottom of drive/path near to kerbside as possible. The Council said this was according to its policy on bulky waste collections. It noted Ms X was on an assisted collection for her refuse where the crews came up her path and through her gate to collect her bin. But said most people on assisted collections seek help from a friend, neighbour or relative to put items into the right location for a bulky waste collection.
15. The Council said it had discussed her situation. And as a reasonable adjustment instructed Waste Services on 2 August 2023 to contact her to arrange for bulky items to be collected from where her bins would normally be collected. But the Council understood she cancelled the collection and requested a refund on 7 August 2023.
16. Ms X asked to escalate her complaint to stage 2 in September 2023 as she remained unhappy with the Council’s response. The Council responded on 14 September 2024. This repeated the stage 1 response. Ms X asked to go to Stage 3 of the Council’s complaint procedure.
17. The Council responded at stage 3 in October 2023. It referred to the call made by Mrs X in July 2023 to the customer contact centre. It considered the second adviser correctly refer her to Waste Services who called back on 2 August 2023 to arrange a reasonable adjustment. Waste Services agreed the crew would access her back gate and collect the bulky items. The Council said it understood Ms X declined the offer and requested of her payment.
18. The Council accepted;
• staff did not properly direct the first call to Waste Services, so Ms X had to make a second call. The Council apologised and would remind customer contact advisers to refer a request to Waste Services that does not ‘fit’ with Council policy to look at case on its merits.
• It did make a reasonable adjustment to meet Ms X’s needs by offering for the crew to access her back gate to carry out the collection which she declined.
• The stage 2 complaint response contained same as the stage 1 and apologised for this. It accepted there was nothing further to add when considering the Stage 2, but it should have advised Ms X of this. The Council said it would remind services to say so when dealing with future complaints if it was the case.
19. The Council confirmed it considered customer requests on a case-by-case basis. And while customer contact is the first port of call advisers should follow procedure and refer the issue to Waste Services such as in Ms X’s case. The Council was satisfied it did make a reasonable adjustment after Ms X’s second call and looked at the case on its merits.
20. The Council found no fault with the handling of Ms X’s request for a bulky waste collection and no evidence to suggest she had been discriminated against because of her disability. But it partially upheld complaint due to the first customer contact adviser not following process. The Council apologise if Ms X felt upset and said it had not intended to do so.
21. Ms X made a data access request to the Council for a record of the telephone call to her on 2 August 2023. Ms X said she had not received such a call that day, did not speak to anyone from Waste Services or refuse a bulky waste collection. Ms X says the Council has not been able to provide her with details of the alleged call.

The Council’s response to my enquiries

22. In response to my enquiries the Council has apologised Ms X needed to make a second call to be referred to Waste Services to arrange a collection with reasonable adjustments. And the reasonable adjustment it intended to offer should have been made during Ms X’s first call on 27 July 2023.
23. It also says due to the system not being accurately updated with a note to confirm the call on 2 August 2023 it cannot say if the call to Ms X went ahead with any certainty. If the complaint officers had been given the correct information about the calls, then the outcome of the investigation would have been different (and upheld). The Council has apologised for this.
24. The Council has identified a service improvement for Waste Services. This is that notes must accurately reflect records of discussions with residents and decisions to maintain policy are recorded on the Customer Records Management system or Corporate Feedback System.
25. Following on from this case, Waste Services have confirmed it will make a case-by-case assessment for those residents who are registered with the Assisted Collection and who also advise they cannot get help to put their items in the requested location. This verbal instruction has also been communicated to the Council’s Customer Contact Centre.
26. The Council has apologised and accepts it did not send Ms X a holding letter about her stage 1 complaint. And she was not advised of any delays in responding.

My assessment

27. The Council accepts it should have referred Ms X to Waste Services after her first call. This would be to arrange a reasonable adjustment for the bulky waste collection to enable her items to be collected without being placed at the front of her property. The Council’s failure to follow its procedure was fault. It has caused Ms X an injustice as she had to make another call to have the referral.
28. Ms X needed to complain to the Council about the matter and pursued the complaint to stage 2 and 3 without getting a full response to her concerns. And the stage 2 repeated the stage 1 response. Ms X also had to make a data request to the Council to establish the facts about the call on 2 August 2023. The Council has accepted Waste Services did not keep notes of the alleged call so it cannot confirm if it was made. In addition, officers did not receive factual information about the alleged call when investigating Ms X’s complaints which affected the outcome.
29. This is fault by the Council as it should ensure clear records are kept of call to customers and any agreed action is taken. The fault has caused an injustice to Ms X due to distress and she has been put to time and trouble in pursuing her concerns about the matter. To remedy the injustice caused I recommend the Council apologises to Ms X again for the failure to make the referral to Waste Services at the first call, the lack of a call on 2 August 2023 and its handling of her complaints. And makes her a payment of £150 to reflect the distress caused and her time and trouble in pursing the matter.
30. It is unfortunate Ms X considers she has been discriminated against due to her disability. But I am satisfied the Council’s documents show it has procedures in place to deal with any request which fall outside of its policy so that reasonable adjustments can be made. So, while it was unfortunate the procedure was not followed in Ms X’s case after her first call, I have no evidence that the Council has failed to consider the need for reasonable adjustments to be put in place for some of its residents. It has confirmed it has taken action to remind staff of the procedures and to make referrals when required. So, I do not consider it necessary to recommend any service improvements in this case because of the action already taken by the Council.

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Agreed action

31. Within one month of my final decision the Council will apologise to Ms X for the failure to make the referral to waste services following her first call, the lack of a call on 2 August 2023 and its handling of her complaints. The Council will make Ms X a payment of £150 to reflect the distress caused and her time and trouble in pursing the matter.
32. The Council should provide us with evidence it has complied with the above actions.

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Final decision

33. I have completed my investigation. There was fault in the way the Council responded to Ms X’s request for a bulky items collection and to her complaints about the matter. I have recommended a suitable remedy in this case.

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Investigator's decision on behalf of the Ombudsman