Summary: Miss X complains the Council delayed in providing her a replacement refuse bin and failed to respond to her complaint. We find fault with the Council for delay and have recommended a symbolic payment for the frustration and distress caused.

The complaint

1. Miss X needed a replacement refuse bin and requested one from the Council. The Council delayed in providing one.
2. Miss X raised a complaint which the Council acknowledged but did not respond to.
3. Miss X would like an apology from the Council and for the Council to ensure this does not happen again.

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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. 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

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

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What I found

Legal and administrative background

Refuse bin repair or replacement

8. The Council will provide a bin repair or replacement where your bin has been broken or stolen.
9. The Council will aim to deliver a new refuse bin as a priority.

Council’s complaints procedure

10. The Council has a two stage complaints procedure:
• Stage one – a response from an appropriate officer within 10 working days.
• Stage two – a response from a senior manager within 20 working days.

What happened

11. On 18 May 2024 Miss X sought a new refuse bin from the Council. The Council acknowledged her request the same day and said due to the volume of requests the wait time was between eight and twelve weeks.
12. Around 12 weeks later Miss X contacted the Council to chase a response. The Council emailed Miss X to say her bin would be replaced the following week on the 14 August.
13. The bin did not arrive so Miss X chased this up with the Council and made a stage one complaint on 19 August. The Council acknowledged her complaint on the same day and said it would send a response within 10 working days.
14. The bin was delivered on 21 August. Miss X chased a response to her complaint on the 5 September.
15. She got no response so she made a stage two complaint on 7 September. The Council acknowledged this on 10 September and said she would have a response within 20 working days.
16. The manager wrote to Miss X on the 10 September asking why she wanted a replacement bin as her bin was fine.
17. Miss X did not get any further response so she emailed the Council on 12 October. She came to the Ombudsman on the 14 October.
18. In response to my enquiries the Council said the complaint was closed after the manger sent a response.
19. The Council sent a stage two response on 12 March 2025, apologising for the delay in response and upholding the complaint. The Council apologised for:
• The delay in replacing the refuse bin;
• Not sending a stage one complaint response;
• The delay in the stage two complaint response;
• Failure in communicating when her bin would be delivered;
• Further delays and dates being missed after the Ombudsman’s intervention in November 2024.
20. It said it would implement the following service improvements:
• Proactive communication and managing customer expectations regrading bin delivery dates and process;
• Ensure a formal complaint response is sent on all stage one complaints;
• Ensure all administrators are aware of the complaints process and circumstances for escalation;
• Engage a temporary additional resource to manage the expected increased in call volume;
• Service Recovery Team to take the lead role in coordinating multi service complaint responses and ensure these are completed in a timely manner.
21. The Council offered a symbolic payment of £50 in apology and for the time and trouble Miss X experienced.
22. Miss X returned the form for the payment on 14 March and expected the payment to be in her account within ten working days as stated on the form.
23. Miss X is still awaiting payment. She said the whole process has been “hellish” and she would like to ensure others, especially vulnerable or disadvantaged residents who may not complain, do not have to endure the delay and lack of communication.

Analysis

24. There was a delay of a week in providing Miss X with a replacement refuse bin. The delivery date was not communicated to Miss X. This is fault causing frustration to Miss X.
25. The Council did not respond to the stage one complaint, and the stage two response was issued six months after she sent her stage two complaint. This is fault by the Council (see paragraph ten) causing distress and frustration to Miss X.
26. The Council offered a symbolic payment which Miss X is still waiting for.
27. Although the Council referred to the Ombudsman’s guidance on remedies, I have increased the symbolic payment for the time and trouble caused to Miss X.
28. I note the Council made full apologies in the stage two response, and service improvements, so I have not repeated this. We will monitor this through our complaints.

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Agreed Action

29. Within one month of the final decision the Council should pay Miss X £150 for the time and trouble of bringing her complaint, along with the £50 already offered for the delay in providing her refuse bin.
30. The total payment to Miss X is £200.
31. The Council should provide us with evidence it has complied with the above actions.

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Decision

I find fault with the Council for poor communication and delay in complaint handling. I have recommended a symbolic payment for the frustration and distress caused.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman