Summary: Mr X complained the Council’s refuse collection service repeatedly failed to return the bins back to the respective properties. He says this has been going on for ten months. The Council’s refuse collection service caused undue distress to Mr X by not returning the bins to the property. It also failed to properly address Mr X’s concerns at stage two of the complaints process. The Council has agreed to apologise and make a payment to Mr X for the undue distress. It should continue to monitor the situation and provide evidence it has done so.

The complaint

1. The Council’s refuse collection service repeatedly failed to return the bins to the respective properties. This made it difficult for Mr X to collect the bin, causing undue distress. The Council acted and said the matter is resolved. But Mr X says the issues are ongoing.

Back to top

The Ombudsman’s role and powers

2. 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)
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)

Back to top

How I considered this complaint

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

Back to top

What I found

6. Councils have a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in their area. 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 a disability. 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.
7. Mr X reported repeated issues with his refuse collection. The bins were being left at neighbouring properties or at the end of the street instead of being returned to their respective properties.
8. The Council says it visited Mr X and monitored the issue at stage one of the complaints process. It acknowledged the fault that bins were not being returned properly and some were damaged. It said it had taken steps to inform staff of correct procedures to ensure it doesn’t happen again. The Council has provided no evidence of this.
9. The Council said it continued to monitor the situation and considered the matter resolved. It has provided no evidence of the monitoring or how it decided the matter was resolved. Mr X said the issues continued and escalated his complaint to stage two. The Council’s stage two response repeated what actions were taken at stage one but did not take further action to address Mr X’s new reports about the ongoing issue.
10. The Council informed us it started the assisted collection service for Mr X in May 2025. But this was only after we made enquiries on this complaint. Mr X is unaware of this service. He says the problem continues and he is still having to collect his bin back to his property. Mr X should not have to present or collect his bins if he is receiving the assisted collection service.
11. The Council is at fault for its’ refuse collection service not returning the bins. It has failed to provide evidence of monitoring or informing staff of its service errors. It is therefore unclear whether or not it took this action, or alternatively, whether the collection crew did not follow the instructions. In any event, the Council has not yet resolved the problem. It has also not properly applied the assisted collection service. This caused Mr X inconvenience, frustration and undue distress.

Back to top

Action

12. The Council has agreed to remedy the injustice caused by its actions by:

• Apologising to Mr X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Making a symbolic payment of £250 in recognition of the inconvenience and frustration he has experienced, within one month of our final decision.
• Continue to regularly monitor the refuse collection service for at least 8 weeks. The Council should identify failings in the system, highlight reasons for missed collections and ensure bins are collected. It should apply proper record-keeping of the monitoring and inform us when this is complete.

13. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

14. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman