Summary: Mr X complained about numerous missed waste collections and a poor response to his complaint about this matter. There was fault the Council missed several waste collections and fault it was not able to give accurate information about when collections were due. The Council have already taken steps to address Mr X’s complaint and it has now agreed to additional action to remedy Mr X’s remaining injustice.

The complaint

1. Mr X complained the Council missed numerous waste collections over a sustained period, including after he had raised this with the Council.
2. He also complained that information provided after this by the Council appointed waste collection service, was incorrect and the Council’s oversight of the waste company was poor.
3. Mr X said he had avoidable inconvenience because of this.

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The Ombudsman’s role and powers

4. 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)
5. 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)
6. 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

7. I considered the information Mr X provided.
8. I considered the Council’s comments and the documents it provided.
9. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What should have happened

Household waste and recycling collections

10. 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.

What happened

11. In 2023, Mr X reported several missed waste collections, which then increased in frequency, resulting in Mr X making four missed collection reports from November through December.
12. In early December, Mr X complained to the Council about this. He also highlighted a recent change of collection day was not notified to him and other residents.
13. In its complaint response, the Council accepted there had been several missed collections. It also gave Mr X an explanation, saying there had been some disruption because of a change in the collection routes, and this had also affected returns to reported missed collections.
14. It upheld Mr X’s complaint and apologised. It also agreed to monitor Mr X’s collection for a short period.
15. After Mr X complained to us, we asked the Council to provide information about Mr X’s complaint. In its response it said Mr X had made nine missed collection reports in 2023.
16. It also said that from November onwards, there was a phased variation of some collection routes in the Council’s area. However, it said because of an oversight, not all the altered collection days were updated and rescheduled on to the shared computer monitoring system at the same time. The Council said this meant this service delivery was not able to be as effectively monitored by staff, in the way it was intended.
17. The Council provided information to say the waste company had taken steps to resolve this oversight.

My findings

18. The Council accepted there had been disruption to its waste collection service before and during a recent change to its service routes. That is fault and it caused Mr X an injustice because of avoidable inconvenience. The Council has already apologised to Mr X, upheld his complaint, and then monitored his collections. These are appropriate actions. Furthermore, in line with my recommendation the Council has agreed to make a symbolic payment to Mr X to fully remedy his injustice.
19. Where another organisation provides services on behalf of the Council, and there is fault, we still hold the Council to account. The Council accepted the waste company had not fully updated its shared computer monitoring system in line with changes ‘on the ground’, and that is an administrative fault.
20. This fault caused a further injustice to Mr X, because he would have been left with avoidable uncertainty about when he could expect the Council to deliver this service. The Council has agreed to my recommendation about a suitable remedy for this injustice.

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Agreed action

21. For the injustice I have highlighted at paragraph 18, the Council have agreed to pay Mr X £100 as a symbolic payment in recognition of his avoidable inconvenience. It should do this within four weeks of the date of my final decision.

Service improvement

22. To remedy Mr X’s injustice caused by the administrative fault highlighted at paragraph 19, the Council should now identify the lessons it has learnt from this complaint. It should also highlight what steps it has taken, to prevent a recurrence, including any procedural changes and briefings to affected staff as appropriate. The Council should do this within eight weeks of the date of my final decision.
23. The Council should provide us with evidence it has complied with the above actions.

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Final decision

24. I have completed my investigation, upholding Mr X’s complaint, with a finding of fault, and the Council have agreed to my recommendations to remedy any remaining injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman