Summary: Miss X complained the Council failed to escalate the issue with bin collections at her property. She says the Council failed to collect the bins on several occasions and this impacted her by causing health and safety concerns around her property. We found the Council should apologise to Miss X and make payment to her to recognise the distress and frustration caused.

The complaint

1. Miss X complains about the Council failing to escalate the issue with bin collections at her property. She says the Council has failed to collect her bins on multiple occasions. This has impacted her by causing health and safety issues.

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The Ombudsman’s role and powers

2. 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)
3. 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

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

6. 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

7. Miss X says that she moved into the property in July 2024 and reported problems with bin collections within the same month. She contacted the Council again in September 2024 after reporting that her bins had not been collected since she moved into the property.
8. Miss X raised a complaint to the Council in October 2024 and requested for an escalation into this in December 2024.
9. The Council reports at least 19 missed collections from July 2024 to July 2025 including months where no bin collections have taken place.
10. The Council has identified two issues which have affected the collection of bins in the location. First, a mapping issue with its bin crews which it confirms that it has now resolved. Second, an issue that allowed residents to order bins to the location. It states that due to the location and to allow its crews to access the alleyway without restriction, the area should be serviced by containers.
11. Miss X has since confirmed that she has moved out of the property.

Analysis

12. It is clear from the information available that the Council has repeatedly failed to collect Miss X’s bins over a period of a year from July 2024 to July 2025. These failings amount to fault.
13. The failure to collect the bins consistently including periods where collections did not occur over a full month, would have caused Miss X injustice in the form of both frustration and distress. In that she had a build-up of rubbish near her property which in turn caused issues with vermin being attracted. Miss X also reported feeling unsafe in having to use communal bins to empty her rubbish because her own bin was full.
14. The frustration was also increased by the failure from the Council to monitor or resolve this issue sooner. Within its response to us, the Council has admitted that it should have investigated the root cause of the issue sooner and resolved this.
15. The Council confirms that it has now resolved the mapping issue which affected its bins crews. It has also committed to resolving the issues with collections which stems from the fact it allowed incorrectly, individual bins to be ordered to the property which in turn have hampered collection attempts.
16. I consider the committed actions by the Council to be proportionate and should hopefully help to resolve this matter going forward. I have therefore recommended the Council should apologise to Miss X for the distress and frustration this issue has caused her. It should also provide a symbolic payment in recognition of this injustice.

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Action

17. Within four weeks of my final decision, the Council has agreed to:
1. Provide a written apology to Miss X for the unnecessary and avoidable distress and frustration caused by the failure to collect bins regularly. This apology should be in line with our guidance on making an effective apology
2. Pay £300 for the frustration and distress caused by the failure to collect bins regularly and the service it provided in response to this.
18. The Council should provide us with evidence it has complied with the above actions.

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Decision

19. I find fault causing injustice. The Council has agreed to apologise and make a payment to Miss X.

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Investigator's decision on behalf of the Ombudsman