Southend-on-Sea City Council (24 010 824)
Category : Environment and regulation > Refuse and recycling
Decision : Upheld
Decision date : 26 Mar 2025
The Ombudsman's final decision:
Summary: Mr X complained the Council has failed to consistently collect his waste and recycling on a weekly basis. The Council failed to collect Mr X’s waste and recycling in full on a number of occasions since July 2024. This caused Mr X frustration and the time and trouble completing missed collection forms each time. The Council agreed to make a symbolic payment to Mr X and monitor collections for the next two months to remedy the injustice caused.
The complaint
- Mr X complained about regular missed collections of his recycling containers. Mr X said this has caused him frustration and time and trouble having to continuously report the missed collections on the Council’s website.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
- Mr X and the Council had an opportunity to comment on the draft decision. I considered comments before making a final decision.
What I found
Law and Council procedures
- Councils have a legal duty to collect domestic waste and recycling from households in their areas. This duty is set out in the Environmental Protection Act 1990.
- The Council’s website outlines its responsibilities and how it collects waste and recycling in its area. The Council pays a contractor (the Contractor) which is responsible for collecting the waste and recycling on its behalf. It provides a weekly collection of five containers including:
- Food waste
- Cardboard
- Textiles
- Other recyclables
- Residual waste.
- The Council’s website allows residents to report missed collections via an online form. The Council says any missed collections are usually collected within 24 hours of receiving a missed report.
What happened
- Mr X lives in the Council’s area and in line with the procedures set out on the website he has a weekly collection of his waste and recycling which he leaves on the roadside each week for collection.
- Records show that between July 2024 and February 2025 Mr X reported eight missed/partially missed collections of his recycling containers. The Council said it no longer has the data to show any missed collections prior to July 2024.
- Each time Mr X reported the missed collection via the Council’s website. The Council’s contractor added Mr X’s address for monitoring on two occasions during 2024, however missed collections have continued into 2025.
- Mr X raised complaints via email to the Council about the missed collections and the time and trouble spent having to report the missed collections. The Council provided a final response towards the end of 2024 apologising for any missed collections and that it has escalated the matter with its contractor.
- The Council told us that it and its contractor have taken steps to resolve Mr X’s missed collections. It accepted Mr X had experienced more missed collections that it considered reasonable. The Council said from April onwards its waste and recycling will be collected by a new contractor.
- Mr X remained unhappy and complained to us
My findings
- The Council commits to collecting waste and recycling from its residents on a weekly basis. It accepts Mr X has experienced more missed collections than is reasonable. This has occurred on multiple occasions since July 2024 and has continued into 2025. The failure to collect Mr X’s waste and recycling in full consistently each week is fault.
- Mr X has been put to the frustration and time and trouble of having to complete the online missed collections form on numerous occasions due to the volume of missed collections. The Council has already apologised to Mr X which partially remedies the injustice caused.
- The Council has sufficient procedures in place for residents to report missed collection via and online form and these are collected within 24 hours. There is no requirement for any further service improvements however I have recommended the Council provide a personal remedy to Mr X.
Action
- Within one month of the final decision the Council agreed to:
- pay Mr X £100 to acknowledge the frustration and time and trouble caused to him by the missed recycling collections since July 2024; and
- write to Mr X to advise him of the new waste and recycling collections from April onwards. The Council should then monitor the next eight collections of Mr X’s waste and recycling to ensure its new contractor collects all containers successfully. It should provide us with evidence of this at the end of the eight week period.
- The Council should provide us with evidence it has complied with the above actions.
Decision
- I find fault causing injustice. The Council agreed to my recommendations to remedy that injustice.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman