Summary: Ms X complains the Council failed to collect refuse regularly since November 2023 due to an ongoing dispute with the refuse workers. Ms X says that due to her disabilities this has led to a build-up of uncollected rubbish which has affected her mental health. We have found no fault in the Council’s actions.

The complaint

1. Ms X complains the Council failed to collect refuse regularly since November 2023 due to an ongoing dispute with the refuse workers.
2. Ms X says that due to her disabilities this has led to a build-up of uncollected rubbish which has affected her mental health.

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The Ombudsman’s role and powers

3. 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’.
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. I have read the information provided by Ms X.
6. I have also considered the information provided by the Council in response to enquiries raised.
7. Both Ms X and the Council were invited to provide comments on my draft decision. Any comments received were considered before a final decision was issued.

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What I found

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 I found

10. Industrial action took place between November 2023 and July 2024 in South Tyneside meaning waste collections were disrupted. The industrial action affected Ms X’s property for roughly one week a month for the period.
11. The Council’s website says it introduced several contingencies over the industrial action including increasing the capacity and slots for its recycling village, introducing temporary waste drop-off points and targeting known neighbourhood hotspots.
12. Ms X says as she is disabled and does not have regular transport, she cannot take excess waste to the tip/recycling centre as others have in the area.
13. The Council says it has a record of Ms X’s address accessing the recycling village at least five times during the industrial action period.
14. The Council has said following the industrial action it asked residents to present both bins, refuse and recycling, each day to allow the crews to catch up.
15. The Council has not been able to find any records of Ms X asking for extra help with collecting her refuse during the industrial action or afterwards.
16. Ms X says the Council closed its complaint process to complaints of waste not being collected. However, the Council has said it agreed to review any complaints raised on a case-by-case basis for any indication residents were vulnerable and if their reported circumstances required additional support.
17. The Council has not been able to locate a complaint from Ms X.
18. The Council says Ms X’s property is not registered for an assisted collection.

Analysis

19. We cannot become involved in the rights and wrongs of strikes or force councils (or their employees/contractors) to end them. We will not recommend councils refund council tax contributions for services missed because of strikes and nor will we tell a council to use staff from those service areas which are not affected by strikes to those which are.
20. The Council has put contingencies in place during the industrial action to try to mitigate the effects on residents.
21. I understand Ms X says she could not access the contingencies put in place, but I have not seen any evidence to show she contacted the Council to ask for any help from it.
22. The Council say Ms X’s address is not registered for assisted collections and as such it would have no reason to believe Ms X would need any additional help during the industrial action.
23. I therefore do not consider the Council is at fault.

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Final decision

24. I have found no fault in the actions of the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman