Summary: Mx X complained about the Council’s service in providing waste and recycling collections for their property. They say the Council failed to arrange assisted collections and did not deliver bins to the property. They also say the Council missed multiple collections. Mx X reports this affected their mental health by having to store rubbish within their property. We found the Council at fault which caused Mx X injustice. The Council has agreed to make payment and arrange assisted collections for refuse and provide Mx X with appropriate bins. In addition, it should monitor the bin collection for the next three months.

The complaint

1. Mx X complains about the Council’s service in providing waste and recycling collections for their property. They say that they are disabled and requires additional support in emptying their bins. After moving into the property in September 2024, they confirm the Council has failed to provide them with assisted collections. It has also failed to collect both the recycling and refuse at the property on multiple occasions.
2. Mx X says that this has impacted their mental health as they have had to store waste within their property. They also report feeling overwhelmed by having to contact the Council repeatedly to try to resolve this issue.

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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(i), as amended)

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How I considered this complaint

5. I considered evidence provided by Mx X and the Council as well as relevant law, policy and guidance. Mx X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
6. I also considered the relevant law, policy and guidance as set out below. In addition, I have also considered the Ombudsman’s published guidance on remedies.

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What I found

Refuse and recycling collections

7. 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.
8. 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.

What happened

9. Mx X moved into the property in September 2024 and contacted the Council within the first few weeks after it had failed to collect their bins.
10. In October 2024, Mx X says that they contacted the Council to request assisted collections and the need for more accessible bins due to their disability.
11. The Council confirms there were issues in collecting bins in the area. It says this was due to unreliable vehicles which it is in the process of replacing.
12. Mx X says that they made a complaint to the Council in January 2025 after the service had not improved and it issued a stage 2 complaint response in April 2025.

Missed collections

13. Mx X complains that they have not had their rubbish and recycling collected consistently since September 2024. The Council has confirmed there have been several failed collections during this time. I consider this to be fault as the Council had a responsibility to collect waste and recycling regularly.
14. This fault would have caused Mx X unnecessary and avoidable distress in the form of frustration that the Council was not providing the service expected. It also would have caused them distress in having a build-up of rubbish and recycling at their property. I therefore consider the Council should apologise to Mx X for this.
15. I note Mx X has reported the collections have improved in recent months. However, the Council could have done more to oversee this issue to ensure the service improved. If it had this would have prevented Mx X from having to contact it. As the matter is not completely resolved, I consider the Council should now complete a period of monitoring to help ensure its collection service is improved.

Assisted collections

16. Mx X reports that due to their disability they have requested assisted collections from the Council which it has not arranged after several months. The Council says that it has misunderstood the request and has arranged for boxes to be delivered to the property. I consider this to be fault by the Council as it had a responsibility to arrange for the extra help sought by Mx X.
17. The failure to arrange assisted collections has caused Mx X distress in their belief the Council were not treating them fairly. It was also increased due to the failure from the Council to provide consistent collections during this time, which has contributed towards the build-up of rubbish at the property. I have therefore recommended an award in consideration of this unnecessary distress caused.
18. I have checked the Government’s advice on assisted collections, and it refers to refuse collection only and not recycling. I therefore find it should arrange assisted collections going forward for Mx X for refuse.
19. In August 2025 the Council told us it is working on a document for assisted collection in housing blocks to help improve its service going forward.

Bins

20. Mx X explains that they asked the Council to provide more accessible bins for their property as the bins provided were too tall for them to access because of their disability.
21. The Council say there has been a delay in the delivery of these bins due to staff shortages, which are now resolved. It states the bins have now been delivered, however in a telephone conversation with Mx X in August 2025, they confirm this not to be the case.
22. While I understand the financial issues the Council is facing, this does not remove its responsibilities. I consider the Council to be at fault for the failure to provide bins which could help Mx X due to their disability.
23. This fault again would have impacted Mx X by causing them further unnecessary distress in the form of inconvenience, in having to use bins which were unsuitable for them. I find the Council should arrange for the delivery of refuse and or recycling bins to Mx X’s property. I have also recommended a payment in consideration of the distress this issue has caused.

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Action

24. Within four weeks of my final decision the Council has agreed to:
1. Provide an apology to Mx X for the unnecessary and avoidable distress caused by the failure to provide consistent refuse collections and the failure to arrange for assisted collections. This apology should be in line with our guidance on making an effective apology.
2. Confirm it will monitor Mx X’s refuse and recycling collections for the next three months to ensure the service is improved.
3. Confirm it will arrange for the delivery of recycling and or refuse bins to Mx X’s property.
4. Arrange assisted collections for Mx X for refuse collections.
5. Pay Mx X £200 in consideration of the distress caused by the failure to arrange assisted collections.
6. Pay Mx X £100 in consideration of the distress caused by the failure to arrange refuse boxes for the property over a long-time.
25. The Council should provide us with evidence it has complied with the above actions.

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Decision

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

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman