Summary: Ms X complained the Council has refused to collect bulky waste items from the car park of a sheltered housing complex of which she is a manager. We find no fault in the Council’s decision making.

The complaint

1. Ms X complained the Council has refused to collect bulky waste items from the car park of a sheltered housing complex of which she is a manager. She says the Council has failed to consider the needs of the residents.
2. Ms X says the Council’s actions have made it difficult for the residents to access the bulky waste service.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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)

Back to top

How I considered this complaint

5. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
6. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

The Council’s bulky items policy

7. The policy states the Council cannot collect items from inside a property. Items must be put as close to the pavement as possible, where the vehicle and crew can access and lift them safely. There should be no obstructions, such as walls, fences, gates and cars. If a resident cannot move items easily some local charities will collect for free. If a resident lives in a managed building, the caretaker/building manager may be able to help.
8. The Council asks residents to put the items in the agreed place before 7am on the day of their booked collection. When residents book their collections on the website, the Council asks them to confirm they will leave their items on the pavement at the front of their property in an accessible location within no obstructions.

What happened

9. Ms X is the manager of a sheltered housing complex where vulnerable elderly adults live. She complained to the Council in August 2024. She said the residents were having issues with the bulky collections service. She said the Council never collected the items on the day requested, and the drivers were refusing to come through the entrance barrier to the car park. She said a resident recently placed an item for collection, but the Council had not collected it. The resident then received an email to say they had to place items in the street on the pavement. Ms X said this was unsuitable as it would be difficult for people on mobility scooters to use the pavement. She said the Council collected general waste every week from the communal area without any access issues. Therefore, she was unsure why it could not collect the bulky items from the same place.
10. The Council responded to the complaint and said it did not collect the items because the crew could not access them. It said the resident would need to put the items at the collection point. It agreed to reset the account and not charge the resident for another collection.
11. Ms X responded and explained the residents in the complex used mobility aids and scooters. Therefore, she could not put large items where the Council wanted as it would obstruct access to the pavements. She said the entrance barriers opened automatically on approach and the Council previously collected items from the car park.
12. The Council issued its final response to the complaint. It said its policy is clear it cannot go onto property to collect items, and they must not be left behind gates. While it accepted there was a potential for obstruction on the pavement, if residents left items before 7am they would only be present on the pavement for a few hours. It said collection of bulky items is not a service it is obliged to offer and to take advantage of the service, residents must present items at the designated collection point.

Back to top

Analysis

13. Ms X says the Council is not offering a service to elderly and vulnerable people. She says there are no staff on shift at 7am to move the items, and if they put the items out the night before on the pavement, it would obstruct residents. She also does not understand why the Council can collect the general waste bins from the car park without an issue, but it will not collect bulky items from the same place.
14. In its response to our enquiries, the Council explained its bulky items collection crew is not the same crew that collects general waste and recycling. The bulky items crew was unfamiliar with the layout of the car park, the access arrangements and whether they could safely manoeuvre the items. The resident did not include any specific information about the car park and how crew could access it when they made the booking. It said even if staff were not available at 7am, they could have moved items the previous day. There was enough room on the pavement on both sides of the entrance road to avoid an obstruction. While it accepts the residents in the complex are vulnerable, it does not agree their circumstances make it more difficult for them to comply with its policy. The property is managed, and staff could have helped residents present items to the designated collection point the day before.
15. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome. In this case, the Council has given a detailed explanation on why the residents must comply with its policy. It accepts residents are vulnerable but does not consider their circumstances are so exceptional that warrant it to depart from its policy. That was a decision it was entitled to take, even if Ms X strongly disagrees. I do not find fault.

Back to top

Final Decision

16. I have completed my investigation. The Council was not at fault.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman