Summary: Mr X complained the Council repeatedly missed waste collections from his property and failed to deal with reports of fly-tipping and stolen bins, causing frustration and distress. We found the Council at fault, and it agreed to apologise and make payments for the distress it caused. We also found the Council should act to improve its processes and internal communication.

The complaint

1. Mr X complains about the Council’s service in providing waste collections for his property. He says that he has raised multiple complaints into the missed collections and has received threatening legal letters from the Council. Also, there has been issues with fly-tipping and his bins being stolen.
2. Mr X says that this has impacted him and his partner by causing emotional distress in having to repeatedly raise this issue to the Council and by feeling like the Council was not treating him fairly.

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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. 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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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What I have and have not investigated

6. Mr X complained to us in February 2025, therefore normally issues which occurred prior to February 2024 would be considered late. I have decided however to exercise my discretion about this.
7. The reason for this, is the issues at Mr X’s property with waste collections have been inconsistent but continuing for a few years. The issues have also slightly varied and have included issues with bins being stolen and fly-tipping. Mr X has contacted the Council throughout and has reasonably allowed the Council an opportunity to try to resolve these issues before escalating it to the Ombudsman.
8. I do not consider therefore that Mr X should be penalised by the failure from the Council to resolve these issues during this time. I also note the Council supports that Mr X should be allowed to have his complaint reviewed by the Ombudsman.

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How I considered this complaint

9. 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 my draft decision. I considered any comments received before making a final decision.
10. I have also considered the relevant statutory guidance, as set out below. Also, I have considered the Ombudsman’s published guidance on remedies.

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What I found

What should have happened

11. 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.

What happened

12. Mr X first reported an issue with a missed collection at the property in December 2022.
13. In July 2023, Mr X raised a complaint to the Council because the issue was ongoing. He told the Council that his bins were being left in the correct space, and there was an issue with other people using his bin.
14. The Council told Mr X in August 2023 that it had recently redesigned the route that its collection crews use. It had also issued a memo to the crew.
15. Mr X raised a stage two complaint to the Council in August 2023 after his bins had not been collected in over a month. In its stage 2 response, the Council reported that it would continue to monitor the collections.
16. Mr X again raised the issue with missed collections in October 2023, and a further official complaint was made in November 2023 about other people using his bins. In December 2023, the Council told Mr X that it could replace his bin, with a larger one which Mr X agreed to. The bins were subsequently delivered in January 2024.
17. In March 2024, Mr X again contacted the Council after a missed waste collection at his property. The Council responded to say that this issue was still under investigation. Mr X told the Council in March 2024 that one of his bins was missing, to which the Council offered to provide a replacement which was delivered in April 2024.
18. In September 2024 Mr X told the Council the issue had gradually got worse again. In October 2024 the Council offered to send extra bin bags to the property for Mr X to use.
19. Mr X confirms that in November 2024 he received notice of a fine issued by the Council for £150 for littering. In December 2024, the Council confirmed that it had cancelled the fine and had asked its compliance team to consider Mr X's circumstances. Mr X raised a further complaint into the waste collection in January 2025.
20. In February 2025, Mr X says he was again threatened with legal action from the Council. The Council responded to say that no fines had been issued to the property, and it was aware of the ongoing issues.
21. Mr X has confirmed to the Ombudsman that he has since moved out of the property.

Analysis

22. Mr X complains that he did not have his rubbish collected consistently at the property since December 2022. During this time, he has reported at least 12 missed collections. I consider this to be fault, as the Council had a responsibility to collect waste and recycling regularly.
23. This fault would have caused Mr X unnecessary and avoidable distress in the form of frustration in that the Council was not providing the service expected. It also would have been enhanced by the failure from the Council to effectively monitor and resolve this issue. If it had done so, this would have prevented Mr X from having to contact it. I consider the Council should apologise to Mr X and make an award in consideration of this.
24. The Council has reported that because of the location of the property, near a sporting stadium, it is unable to prevent fly-tipping in the area. It says the most effective way of preventing this, would be lockable bins, which would need to be provided by the landlord.
25. Mr X also raised concerns about being contacted from the Council enforcement team about littering at the property, when at the same time he had raised multiple complaints about missed collections and fly tipping. I consider the lack of internal communication from the Council to be fault. Especially as Mr X reported receiving another letter after the first fine was cancelled.
26. This would have again impacted Mr X by causing him unnecessary distress and by feeling the Council were not treating him fairly. The Council confirms that it has a corporate enforcement policy, which requires enforcement activity to be proportionate, accountable and consistent. It also allows its officers to exercise discretion and make best efforts to resolve issues informally before taking formal action.
27. I find the Council should remind its staff in enforcement, of its corporate enforcement policy. This is in terms of exercising discretion and checking in fly tipping cases, where there are complaints about a lack of collections at a property. It should also provide Mr X an award in recognition of the impact this fault caused him.

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Action

28. Within four weeks of my final decision, the Council has agreed to:
1. Provide an apology to Mr X for the unnecessary and avoidable distress caused by the failure to provide consistent waste collections and for incorrectly issuing him with legal action letters. This apology should be in line with our guidance on making an effective apology.
2. Pay Mr X £150 in consideration of the distress he experienced in the handling of the complaints raised.
3. Pay Mr X £150 in consideration of the distress he experienced in the issuing of legal action letters.
4. The Council should remind its staff in enforcement of its Corporate Enforcement Policy particularly in relation to the exercising of discretion, in fly tipping cases where there have been reported missed collections at a property.
29. The Council should provide us with evidence it has complied with the above actions.

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Decision

30. I find fault causing injustice. The Council has agreed to apologise, make payments and take action in consideration of the complaint.

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Investigator's decision on behalf of the Ombudsman