Summary: Miss X complained the Council failed to collect bulky waste items from her property causing her neighbours to complain and fly-tipping in the area. Arranged collections were missed twice and the items were left outside for approximately six months. This is fault. A suitable remedy is agreed.

The complaint

1. Miss X complained the Council failed to collect bulky waste items from her property.
2. She says the situation caused stress as neighbours complained and other people fly-tipped next to the uncollected items.

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The Ombudsman’s role and powers

3. 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)
4. 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

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• sent my draft decision to both the Council and the complainant and invited their comments.

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What I found

6. Miss X booked a bulky waste collection online for 30 November 2023. She provided details of the five items she wanted collected which included a sofa, mattress, bed frame a cabinet and child’s toy. She paid the £30 fee.
7. The collection did not take place as arranged and so Miss X contacted the Council. It apologised and said a collection had been arranged for 3 February. The collection did not take place.
8. Miss X contacted the Council again about the missed collection. She says that she did not receive any response and so complained to the Ombudsman.

Analysis

9. The Council has acknowledged it was at fault for failing to collect the items as initially arranged and then failing to carry out the collection in February even though it suggested this date in response to Miss X’s complaint. In response to my enquiries, the Council said the items had been collected though it was unable to say on what date this took place because it is not recorded on its system.
10. Miss X has now told me the Council never collected the items and so in order to resolve the situation, a family member hired a van in April 2024 and took the items to the local recycling centre. Miss X wishes for the cost of doing this to be reimbursed.
11. As there is fault I have to consider the injustice caused to Miss X as a result. The Council never carried out the collection Miss X paid for and she ended up having to dispose of the items herself. Miss X has described the problems caused including complaints from neighbours and other people fly tipping. Miss X also says that her son was receiving chemotherapy during this period and so it was inconvenient to have to spend time and effort chasing the missed collections. She also says that she could not put up the outdoor Christmas decorations which upset her son.
12. While the Council claims it collected the items it acknowledges there is no date entered on the system to indicate when this happened. Miss X says they were never collected. Taking account of all this information, I think it is more likely than not that the Council did not collect the items. In response to my enquiries the Council offered to refund the fee paid by Miss X as well as offering a further payment of £50 to acknowledge her inconvenience. While I welcome this action by the Council I consider a higher payment is applicable in this case due to the failure to collect the items and that Miss X had to take her own action due to the repeated failures by the Council.

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Agreed action

13. To remedy the injustice caused to Miss X the Council will, within one month of my final decision, take the following action:
• Refund the fee charged to Miss X for the collection;
• Reimburse the costs of £140 incurred by Miss X to dispose of the items herself; and
• Make a symbolic payment of £100 to recognise her inconvenience and time and trouble pursing this matter.
14. The Council should provide us with evidence it has complied with the above actions.

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Final decision

15. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman