Summary: We will not investigate Miss X’s complaint about the Council failing to collect waste from her property. We have upheld the complaint and the Council has agreed to take appropriate action. It would therefore not be proportionate to investigate.

The complaint

1. Miss X complained the Council have consistently failed to collect waste from her property. Miss X stated overflowing rubbish has attracted rodents and having to dispose of rubbish herself has led to back problems. Miss X would like the Council to ensure that all waste collection teams know the detail of their routes, and for a contact number to report future issues.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained the Council had missed her waste and recycling collections since 2023. She stated the problem recurs roughly every six months when the Council’s waste collection crews change.
7. The Ombudsman will not usually exercise discretion to investigate matters that took place more than 12 months prior to the complainant becoming aware of them. In this case, Miss X complained to the Ombudsman about the issue in January 2025. I have decided not to exercise discretion to look at matters before January 2024 because it is reasonable to expect Miss X to have complained to us about the matter sooner.
8. In its complaint responses, the Council apologised to Miss X for her missed waste collections and arranged to collect her waste at a different time. The Council stated it had reminded collection crews of the collection route and the matter would be monitored by supervisors.
9. If we were to investigate this complaint, it is likely that we would find fault with the Council because the Council has continued to miss collections, despite it previously upholding Miss X’s complaints, and taking steps to address the issue.

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Agreed action

10. The Council agreed to resolve Miss X’s complaint by taking the following action within four-weeks of our final decision:
1. apologise to Miss X for her missed waste collections

b) confirm what steps the Council has taken to share information regarding Miss X’s property with waste collection crews, to prevent the problem from recurring.

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Final decision

11. We will not investigate Miss X’s complaint because the Council has agreed to provide a proportionate remedy for the injustice caused to Miss X.

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Investigator's decision on behalf of the Ombudsman