Summary: We find no fault in the way the Council handled Mr X’s bin complaint and communications.

The complaint

1. Mr X complained the Council agreed to take certain actions about waste problems but then implemented a different course of action he did not agree to. He complained the Council did not respond to him when he challenged this.
2. Mr X said he is upset, angry, distressed and disappointed.

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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. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

7. I considered the information and documents provided by Mr X and the Council. I spoke to Mr X about his complaint. I considered the relevant legislation, set out below.
8. Mr X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.

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What I have and have not investigated

9. Mr X complained collection crews are not collecting waste from inside his bin cupboard. He also complained they are not routinely leaving bin bags.
10. As I have said above, we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply.
11. I find this was not part of Mr X’s complaint to the Council. I therefore find this is a new complaint. I consider it reasonable for Mr X to make a fresh complaint to the Council about this issue. For this reason, I have not investigated this part of Mr X’s complaint.
12. I have investigated the rest of Mr X’s complaint.

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What I found

What should have happened

13. 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

14. Mr X’s bins used to be collected from a bin cupboard outside his house. A number of years ago, this changed. This meant residents’ waste was collected from larger wheelie bins.
15. Mr X complained. He said his waste was not being collected from his cupboard and there were piles of bin bags out overnight. He said the Council allowed residents to buy wheelie bins but there was nowhere to store them.
16. The Council explained that it changed the way it collected waste some years ago. This meant it would not collect all bags from the cupboards anymore. But residents who found it difficult to use the wheelie bins could still use their cupboards. The Council said it told its collection crews to take Mr X’s waste bags from his cupboard.
17. Mr X asked the Council to further address his complaint.
18. The Council met with Mr X. The Council agreed to remove all the wheelie bins and make sure residents could not order them. It agreed to send a letter to residents telling them to use their bin cupboards again.
19. The Council sent residents this letter.
20. Mr X told the Council how it could improve what it was doing. The Council said it understood Mr X’s preferences but explained the reason it had chosen to offer certain types of bins to residents.
21. Mr X sent numerous emails to the Council about the remaining wheelie bins, when the change of collection would start, and potential problems. He also complained the Council had not implemented what he agreed in the meeting.
22. Mr X then complained to the Ombudsman.

Analysis

Bins

23. Mr X complained the Council agreed to take certain actions about waste problems but then implemented a different course of action he did not agree to.
24. I have seen the email the Council sent Mr X after it met with him. This set out what they had agreed. The Council then sent a letter to residents about the change in waste collection. This was in line with what was agreed in the meeting.
25. Mr X said the Council mandated certain types of bin to every resident.
26. As I have said above, the law says councils are allowed to decide which types of bins residents use. Therefore, the Council was entitled to decide which type of bin residents use. Mr X may not agree with it, but that is not evidence of fault. I do not find the Council at fault.
27. Mr X complained that residents sometimes did not keep their smaller bins inside their bin cupboards. The Council said residents can keep these smaller bins inside or outside their bin cupboards. It said the smaller bins mean waste is not left out in the open, so this minimises the risk of vermin.
28. There is no fault in the Council allowing residents to keep the smaller bins outside the bin cupboards.
29. Mr X complained residents often store bags of waste outside the bins, and collection crews collect it contrary to their instructions.
30. The Council has provided advice and guidance to residents about where to store their waste. It has specifically told residents not to pile up loose bags before collection day. I find the Council did what it should have done.
31. Further, I find no fault for the Council collecting waste, even if that waste is not in the correct area.
32. Mr X complained the Council had not removed all of the wheelie bins. The Council has since confirmed to the Ombudsman that it has removed all wheelie bins. I therefore find no fault.
33. I find the Council showed good practice by engaging with Mr X’s concerns, meeting with him to resolve those concerns and come to an agreement, and maintaining good communication with him throughout.

Communications

34. Mr X complained the Council did not respond to him when he challenged the way it implemented the agreed actions from the meeting.
35. The Council said Mr X kept emailing the waste management team about issues it had told him were not that team’s responsibility. It said it forwarded Mr X’s emails to the relevant departments.
36. The Council said it has resolved all issues which its waste management team could resolve. It said it does not have the resources to continue communicating with Mr X once issues have been resolved and explained.
37. I find the Council replied to Mr X on multiple occasions. It explained the reasons for its decisions and what action it would take. The Council is not obliged to continue communicating when nothing further can be achieved.
38. I find the Council responded to Mr X’s complaint and took appropriate action. I do not find the Council at fault for not replying to Mr X’s further communications about the matter. It would have been best practice for the Council tell Mr X it was no longer going to engage in discussion about this issue. But this is not significant enough to be fault.

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Decision

39. I find no fault.

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Investigator's decision on behalf of the Ombudsman