Summary: Mr X complains the Council failed to collect clinical waste from his property on several occasions. Mr X says this caused him frustration and carers attending his property were stopped from using his drive due to the uncollected waste. We have found fault in the Council’s actions for failing to collect Mr X’s waste. The Council has agreed to issue Mr X with an apology and pay him a financial payment.

The complaint

1. Mr X complains the Council failed to collect clinical waste from his property on several occasions.
2. Mr X says this caused him frustration and carers attending his property were stopped from using his drive due to the uncollected waste.

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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. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

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What I found

8. 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.
9. Prior to April 2025, the Council collected clinical waste in yellow bags weekly. After April 2025, non-infectious hygiene waste could be disposed of in a regular black bin bag collection which is completed bi-weekly.

What happened

10. Mr X contacted the Council in November 2024 and said he had not received the yellow bags he needed for the clinical waste collection due to take place at his property. Mr X also told the Council it had repeatedly missed these collections over a prolonged period.
11. Mr X’s said the Council missed his collection on several occasions throughout December 2024 and January 2025. The company which completes the waste collection on behalf of the Council recorded that Mr X had not presented the waste.
12. Mr X complained to the Council in January 2025 and said it had missed repeated collections and told the Council he had photographic evidence he had put out the waste for collection. He also told the Council a carer visiting the property had not been able to use the drive due to the accumulated waste which had led them to receive a parking ticket.
13. The Council responded in early February 2025 and said it had investigated with the company who completes its waste collection and found it had not collected Mr X’s waste due to a scheduling error. The Council apologised and said a manager would be monitoring the next few collections.
14. Mr X reported further missed collections in February 2025 and raised a further complaint with the Council.
15. The Council responded to Mr X’s further complaint in early March 2025 to acknowledge the missed collections and offered £50 in compensation. The Council said it could not help with the parking ticket the carer received. Mr X was able to appeal this.
16. The Council has acknowledged it missed collections it should have made. This is fault and has caused Mr X frustration. In addition to this, Mr X has had to take time to prove he presented the waste as he should and appeal the parking ticket. This would have caused Mr X additional frustration and inconvenience.
17. The Council changed the way it collected clinical waste in April 2025; this is now collected as part of Mr X’s general waste. I understand a request is in the process of being made for larger bins to accommodate Mr X’s family’s waste.

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Action

18. Within four weeks of a final decision, the Council should:

• Write to Mr X to apologise for the frustration and inconvenience caused by the faults identified. 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.
• Pay Mr X £100 to recognise the frustration and inconvenience caused to him.

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

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Decision

20. I find fault causing injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman