Summary: Mr X complained about the Council’s clinical waste collection service. We found no fault with the service provided to Mr X or of waste being incorrectly handled. An incident involving Mr X and the Council’s contractor was properly investigated and appropriate action taken.

The complaint

1. Mr X complains about the Council’s failure to provide a regular clinical waste collection service following an incident involving a driver from Medisort (the Council’s contractor). He says the Council failed to apologise after CCTV evidence proved he had not behaved aggressively towards the driver.
2. He also raised concerns about Medisort’s practice of incorrect classification of hazardous waste.
3. Mr X says this has caused considerable distress and inconvenience. He says it also raises wider public health concerns.

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The Ombudsman’s role and powers

4. 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)
5. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
6. 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

7. I considered evidence provided by Mr X and the Council as well as relevant law and Council policy.
8. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Background information

9. The Environmental Protection Act 1990 sets out a council’s responsibilities for disposing of household waste. There is no requirement for councils to provide a clinical waste collection service from domestic properties. It is therefore for the Council to decide what arrangements it offers.
10. The Council offers a free collection service for residents who need medical or clinical waste collection from their homes. The Council commissions Medisort (the Contractor) to provide this service. The Contractor provides bags as required and they are replaced after each collection.

What happened

11. For several years, Mr X has required the Council to collect non-hazardous clinical waste from his home.
12. In September 2024, Mr X observed the Contractor’s employee (Officer P) failing to pick up a bag he had left for collection. I shall refer to this as “the Incident”. Mr X and his partner asked Officer P to collect the bag. Officer P refused to do so because it contained hazardous waste. The Incident was recorded on Mr X’s CCTV and its footage shared with the Ombudsman.
13. When Officer P returned to the office, she complained to her manager about Mr X’s conduct. She said he was aggressive and felt threatened. In response, the Contractor told Mr X that his behaviour was unacceptable, and Officer P would no longer collect his waste. Instead, a different, male colleague would do so.
14. Mr X says ever since the Incident his collections have been problematic. He strongly denied being aggressive to Officer P and unsuccessfully asked for an apology. He says he also witnessed waste being handled incorrectly by the Contractor.
15. These concerns formed the basis of a formal complaint to the Council.

The Council’s position

16. In response to both Mr X’s complaint and the Ombudsman’s enquiries, the Council’s position is as follows.

• The Incident was properly investigated by the Contractor. Mr X’s conduct was considered unacceptable and the reasons explained to him in writing and verbally. The Contractor had a duty of care to its employee and took appropriate action by replacing her with another driver.
• Officer P acted correctly when she did not collect one bag of waste on the day of the Incident. This was because Mr X had attempted to dispose of a relative’s hazardous waste as well as his own.
• The Council carries out regular reviews of the Contractor’s disposal practices and there is no evidence to support Mr X’s claims about waste being handled incorrectly.

Analysis

The Incident

17. I have viewed the CCTV footage provided by Mr X. Whilst some of the conversation between Mr X and Officer P is inaudible, the footage confirms there was a dispute about the content of the bag left by Mr X. Mr X strongly denies this and being aggressive towards Officer P.
18. The Contractor’s response to my enquiries confirm the Officer P was distressed by the Incident and this prompted its decision to replace her with another driver.
19. Rude or aggressive behaviour is clearly unacceptable, and we would expect the Contractor or the Council to take allegations of such conduct seriously. In this case, I am satisfied an appropriate and proportionate action was taken that balanced both Mr X’s need for an ongoing clinical waste collection alongside the duty of care to Officer P.
20. This was a decision the Contractor was entitled to make and not one the Ombudsman would interfere with.
21. For this reason, I do not find the Contractor, acting on behalf of the Council, was at fault.

The collection service

22. The Council has provided the Ombudsman with the Contractor’s collection records since the Incident. They show Mr X’s waste has been collected regularly, except on two occasions for which a legitimate reason has been given. I have seen no evidence to support Mr X’s assertion that his collections have been missed on numerous occasions. In the absence of such evidence, I do not find there was fault.
23. Nor have I seen evidence to support Mr X’s claim that the Contractor mishandled waste.
24. For these reasons, I do not find the Contractor, acting on behalf of the Council, was at fault.

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Final decision

25. I have completed my investigation with a finding of no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman