Summary: Mx X complained the Council repeatedly missed their assisted waste collections. We find the Council at fault for failing to provide an assisted collection service to Mx X. This caused Mx X frustration and distress. The Council has agreed to apologise and make a symbolic payment.

The complaint

1. Mx X complained the Council repeatedly failed to collect their recycling despite an assisted collection arrangement. Mx X says they have spent significant time reporting the missed collections, but the rearranged collections have not taken place.
2. Mx X says reporting the missed collections takes time and energy, and they feel stressed as a result. The waste left on Mx X’s driveway is also a hazard due to their mobility issues. Mx X would like compensation for the time and trouble reporting the missed collections, the issue resolved and the Council to implement measures to prevent recurrence.

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The Ombudsman’s role and powers

3. 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)
4. 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). When a council commissions or arranges for another organisation to provide services, we treat actions taken by or on behalf of that organisation as actions taken on behalf of the council and in the exercise of the council’s functions.
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(1), as amended)

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How I considered this complaint

6. I considered evidence provided by Mx X and the Council as well as relevant law, policy and guidance.
7. Mx 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

Household waste and recycling collections

8. Councils have a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in their area. The collections do not have to be weekly, and councils can decide the type of bins or boxes people must use.
9. Councils normally expect people to move their bins to the pavement in front of their property, to allow it to be easily collected. However, a council may decide to provide an assisted collection to a person if they are unable to move their bins because of their age or a disability.
10. Under an assisted collection, the crew will enter the person’s property, such as their garden or driveway, to collect the bins, and then return them to their storage place afterwards.

The Council’s collection schedule and policy

11. The Council collects residents’ recycling each Friday.
12. The Council’s waste collection policy states if it is responsible for a missed collection, it will return on the next working day to collect the waste or recycling.

What happened

13. Mx X is registered for the Council’s assisted collection scheme as they have a health condition that affects their mobility.
14. Mx X previously complained to the Ombudsman in 2023 about repeated missed assisted collections of their recycling. The Ombudsman upheld the complaint and the Council agreed to monitor Mx X’s collections for two months.
15. In December 2024, Mx X reported further missed collections of their recycling to the Council. They also submitted reports to the Council throughout January and February 2025.
16. In late February, Mx X submitted a stage one complaint to the Council. They said the Council had missed their assisted collections since before Christmas and, due to extreme weather conditions, the uncollected recycling had been left strewn across their driveway and presented a hazard due to their mobility issues. Mx X said they had already escalated the issue to the Council numerous times and the issue had still not been resolved.
17. The Council passed the complaint to its contractor, who carries out its waste collection service on its behalf. The contractor apologised for the missed collections and explained the waste collection team had experienced operational difficulties for the previous few weeks, including staff absences and vehicle breakdowns. It also explained the crew sometimes experienced technical issues when trying to access information about addresses flagged for the assisted collection service. The contractor confirmed Mx X was registered for the assisted collection service. It said it had informed the crew supervisor of the collection issues, who had agreed to monitor the collections on a weekly basis going forward.
18. There were a further five missed collections in March. Mx X asked the Council to escalate the complaint to stage two of its complaints process and explained the waste was now attracting vermin and maggots. They also said the stress of the situation and having to constantly report the missed collections had caused them to take time off work.
19. The Council issued its stage two complaint response in April. It explained it would monitor Mx X’s waste collection for the next four weeks. It also said further issues sometimes stemmed from initial delays in a waste collection, as the replacement crew sent to complete the missed collections were often unfamiliar with the properties that required assisted collections. This could lead to Mx X’s collections being missed again. It said the contractor was reviewing its processes to ensure replacement crews did not miss any properties going forward.
20. Mx X approached the Ombudsman in April. When I spoke to Mx X they told me the issue is ongoing. The Council accepts it has missed collections since April, although the number of these has reduced.

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Analysis

21. The Council missed eight of Mx X’s assisted waste collections from December 2024 to March 2025. Its call logs show that Mx X made 11 phone calls to the Council regarding their missed collections during this period. This Council’s failure to collect Mx X’s waste on time is fault.
22. Immediately after the Council issued its stage two complaint response, and placed Mx X’s address on monitoring in April, it made all scheduled collections. The Council explained its monitoring consisted of using a tracking sheet and photos to evidence that each collection was made. However, Mx X then reported further missed collections once the period of monitoring ended, which the Council has acknowledged.
23. The Council’s policy states it will return to collect any missed collections on the next working day. However, it did not always do this. Mx X told the Ombudsman each time they reported a missed collection, the Council said it would collect the recycling within two working days. Of the above 11 phone calls, five were regarding a missed collection Mx X had already reported but the Council had failed to rearrange collection for.
24. The impact of the Council’s failure to complete Mx X’s assisted collections was significant. Mx X explained they spent up to an hour calling to report each missed collection. It is clear the Council’s fault caused Mx X frustration and distress. The Council’s failure to return to Mx X’s property and make the missed collections further compounds the injustice. However, we could not make a finding that the Council’s actions caused Mx X to have to take time off work. I have recommended suitable remedies to address the injustice caused by the Council’s fault below.
25. The Council has explained it has now implemented measures to prevent recurrence of the issue. This includes improving the waste collection teams’ tablets to highlight assisted collections, and any missed assisted collections. It said this has led to a reduction in missed collections for Mx X. Following a recent investigation by the Ombudsman the Council also agreed to carry out a review of its waste collection monitoring arrangements, review the cause of missed collections, and to create an action plan over a 12-month period to address the cause. It will take time for these changes to take full effect, and I have therefore not recommended any further service improvements. However, given the missed collections are an ongoing issue for Mx X, a further period of monitoring is required.

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Agreed action

26. When a council commissions or arranges for another organisation to provide services, we treat actions taken by or on behalf of that organisation as actions taken on behalf of the council and in the exercise of the council’s functions. Here we have found fault with the waste collection contractor and make the following recommendations to the Council.
27. Within one month of the final decision the Council has agreed to:
1. Apologise to Mx X for the loss of service, frustration and distress caused by the fault identified above.
2. Make a symbolic payment of £250 to Mx X in recognition of the frustration and distress caused by the identified fault.
3. Monitor waste collections from Mx X’s address for a three-month period.
28. The Council should provide us with evidence it has complied with the above actions.

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Final decision

29. I find fault causing injustice for which I have recommended a remedy. I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman