Summary: Dr X complains that the Council refused her request for a smaller recycling bin despite insufficient space to store the bin and her finding it difficult to move a larger bin due to her disability. The Council was at fault as it failed to signpost Dr X to its assisted collection service. The Council has offered to apologise to Dr X, make a symbolic payment of £100 and refer her to the assisted collection service which is a sufficient and proportionate remedy.

The complaint

1. Dr X complains that the Council refused her request for a smaller recycling bin. Dr X says she does not have sufficient room to store a large wheelie bin and she cannot move the bin or the alternative recycling boxes to the collection point due to her disability.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
5. 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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What I have and have not investigated

6. I have considered Dr X’s complaint that the Council will not provide a smaller recycling bin. During the course of my investigation Dr X raised concerns about the general condition of her estate and missed bin collections. I have not investigated these matters as they are new issues and outside the scope of this investigation.

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How I considered this complaint

7. I have:

• Considered the complaint and the information provided by Dr X;
• Made enquiries of the Council and considered the information provided;
• Invited Dr X and the Council to comment on the draft decision. I considered the comments received before making a final decision.

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What I found

Law and guidance

8. 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.
9. 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.

What happened

10. The Council provides 240 litre wheelie bins for recycling. In autumn 2023, Dr X contacted the Council to request smaller recycling bins as she did not have sufficient space or demand for the larger bins. A few weeks later the Council responded to Dr X. It advised that it no longer provided smaller 140 litre bins due to a service change in autumn 2020.
11. Dr X told the Council she did not have the space to store the 240 litre bins. The Council advised that Dr X could order a bag and box for her recycling. Dr X said she wanted a wheelie bin so she did not have to carry her recycling as she has a disability. But she only had space for a small bin. The Council confirmed it no longer supplied the smaller 140 litre bins.
12. Dr X complained to the Council that it would not provide a 140 litre bin for her recycling. The Council explained again that it no longer provided 140 litre bins. Dr X requested that her complaint be escalated to stage two of its complaints procedure. The Council declined to investigate the complaint at stage 2 as further investigation would not change the outcome as it did not provide the service she was requesting. The Council said it appreciated Dr X found a smaller bin to be more convenient but the Council had to balance the type of service residents would like with the service it can provide based on its resources.
13. Dr X told the Council that some residents had smaller bins. Internal council emails show officers considered these were likely to be old bins as it had not stocked the smaller bins since autumn 2020. The Council’s records also note it had delivered recycling boxes and bags to Dr X.
14. Dr X continued to ask the Council to provide a smaller wheelie bin as she did not have space for the larger bin. She said she did not want to use the recycling boxes and bags and asked the Council to respect her disability.
15. In response to my enquiries, the Council has said:

• The larger recycling bins provide 70% more capacity for about 15% of the cost thereby future proofing the service to allow for additional material to be collected in the future such as pots, tubs and trays.
• Eligible residents can have an assisted collection so the size of bin should not impede a resident from recycling.
• It provides alternative receptacles for recycling in the form of boxes and bags.
• It is not obliged to supply multiple sizes of bins.
• Bins of either 140 or 240 litres are designed to be light and easy for residents to move so the size of bin has little impact on the weight. There would be little weight difference if residents were producing the same amount of recycling as when they had a 140 litre bin.
• It acknowledges it is at fault for not telling Dr X about its assisted collections service when she said she had a disability. It has offered to apologise to Dr X, look into whether she is eligible for its assisted collections service and make a payment of £100 to her to acknowledge her time and trouble.

Analysis

16. The Council has acknowledged that it failed to inform Dr X of its assisted collection service when she said she had a disability. This is fault. I cannot know, on balance, if Dr X is eligible for an assisted collection but the failure to signpost her to the assisted collection service will have caused some uncertainty to her. The Council’s offer to apologise to Dr X and to consider if she is eligible for an assisted collection service is appropriate and proportionate. I also consider the Council’s offer to make a symbolic payment of £100 is sufficient and proportionate to acknowledge the frustration caused.
17. It is a matter for the Council to decide what type of bins and containers it uses for recycling. But councils should have regard to how the choice of bins and containers will impact on residents with disabilities. There is no evidence to show how the Council considered the impact of using larger bins on residents with disabilities. But it is not proportionate to investigate this matter further as it is unlikely I will find fault. The Council provides the assisted collection service. So, it has taken account of the needs of residents who cannot move their bins to the collection point. It also provides smaller recycling boxes and bags for residents who do not have sufficient space for bins.
18. In response to my enquiries the Council said it has previously used 140 litre bins in stock but it cannot currently offer these as it cannot clean them. It is not clear why the Council did not offer this option to Dr X. But, as a way forward, the Council should contact Dr X to ask if she would accept an uncleaned 140 litre bin if one is available and if she is not eligible for an assisted collection.

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Agreed action

19. That the Council will:
1. Send a written apology to Dr X to acknowledge the uncertainty caused to her by failing to tell her about its assisted collection service when she informed the Council that she had a disability which may prevent her from moving her recycling to the collection point. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
2. Make a symbolic payment of £100 to Dr X to acknowledge the uncertainty caused to her.
3. Contact Dr X to explore if she would accept an uncleaned 140 litre wheelie bin if these are available and if she is not eligible for an assisted collection.
4. By training or other means, remind officers to ensure they signpost residents to the assisted collection service if they mention they have a disability.
20. The Council should take the action at a) to c) within one month and the action at d) within two months of my final decision. The Council should provide us with evidence it has complied with the above actions.

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Final decision

21. I have completed my investigation and partially uphold Dr X’s complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman