Summary: Mrs K complains about repeated missed bin collections and not collecting some rubbish from communal stores that led to problems with rotting waste. We uphold the complaint due to multiple problems with missed waste collections. And some poor communications about who was responsible for another part of Mrs K’s complaint. The Council has confirmed it is in contact with Mrs K’s landlord about changing the waste storage facilities at the block where Mrs K lives. That is a suitable remedy to the complaint.

The complaint

1. The complainant (Mrs K) complains:
• the Council repeatedly failed to collect her waste from her block’s bin store, despite multiple complaints;
• the Council admitted missed collections, but only implemented short-term monitoring measures which did not solve the problem;
• the same refuse bags were left at the bottom of two of the bins. These bags began to leak, and were attracting insects, which was causing ongoing hygiene concerns.
2. Mrs K says:
• the bin store ventilation is connected to the building’s stairwell, meaning that missed collections cause odours to spread inside the building;
• the uncollected waste has led to repeated infestations of flies, maggots and mice;
• she has been put to significant distress, frustration, and inconvenience from having to repeatedly report the same problem with no lasting resolution.

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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)

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How I considered this complaint

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

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What I found

Legal and administrative background

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 people must use and where they must be placed.
8. The Council:
• has a maximum size for rubbish bags it will collect;
• asks residents whose rubbish has not been collected to let the Council know. It would then make another collection within two working days.

What happened

9. Mrs K contacted the Council after missed collections of her household waste. In early 2025 its manager responded to advise:
• she had immediately arranged for it to empty the bins;
• the missed collection had happened due to an oversight on its part, which she apologised for;
• it had spoken to the crew and reminded them all the bins must be emptied every week;
• for the following four weeks the supervisor would check the bins after collection to ensure the crew were complying.
10. Later in the year, Mrs K escalated her complaint, as she had experienced another instance of missed waste collection. The Council’s June response apologised for the inconvenience it had caused her. It noted on receiving her complaint it had:
• asked its supervisor to attend and check the communal waste bin area. He confirmed he removed all bags and emptied every bin;
• “firmly spoken to” all the refuse staff and, and “new clear crew instructions were re-issued”;
• asked a supervisor to check collections from the address for six weeks.
11. After Mrs K’s contact the Council was in contact with Mrs K’s landlord and carried out a site visit to review the refuse collection arrangements. The Council’s records do not show any follow-up action after these communications.
12. Mrs K experience further missed collections over the autumn of 2025. She complained to the Ombudsman. The Council’s responses advised:
• the flat block where Mrs K lived had a communal bin area. But the bins stored there were domestic waste bins, which the crew emptied by hand;
• it was now too long ago to confirm the reasons for the new missed collections Mrs K had reported. But on each occasion, after Mrs K reported a missed collection, someone returned the following working day and emptied the bins;
• the site is privately owned, so it was not the Council’s responsibility to clean the bin shed;
• it accepted there was waste it had not been able to collect, because the “quality and weight of certain black bags” had prevented it from collecting;
• the Council’s Waste Services perspective was the flats should be serviced by bulk bins. That was because blocks of six or more flats should be on a bulk bin service. The managing agents of the block should consider this. They would need to hire bins form the Council and find a suitable location to store them.
13. In response to my draft decision and request for further information from the Council, it has advised it:
• had revisited the site to review the refuse arrangements. It noted some residents were incorrectly putting recycling in the general waste dustbins, which was creating issues for its collection crews;
• suggested solutions to the landlord around works needed to improve the storage facilities;
• planned to write to the residents of the block providing advice about how they should present their refuse for collection.

Analysis

Missed collections

14. The evidence shows the Council’s contractors missed Mrs K’s bin collections several times in 2025. That was fault.
15. I am satisfied the Council arranged to collect the missed bins within a few days of each missed collection, as it should have done. The Council apologised and monitored Mrs K’s bin collections.
16. I have considered our published guidance on remedies. I am satisfied the Council’s apology and monitoring were suitable remedies for the level of injustice caused.

Uncollected waste

17. Mrs K also complains the Council’s contractors did not collect some waste in the communal bin area and this caused problems as it decomposed. The Council’s response to our enquiries was to note that it had not collected some waste in inappropriate containers. And that the block should have a bulk disposal system, which Mrs K’s landlord should have arranged.
18. I cannot fault the Council for not collecting some waste that was not in an appropriate containers. But I do find fault that it took Mrs K’s complaint to the Ombudsman before it raised the issue about the waste storage. It did contact the landlord earlier, but did not follow up on that contact. That was fault.
19. On balance, overall, I am not satisfied the Council communicated this issue properly. As a minimum, it should have advised Mrs K earlier of situation with the waste it would not collect. It could have also considered contacting the landlords of the block. This is fault which has caused uncertainty and frustration.
20. The Council’s response to my draft decision contains proposals for seeking solutions to the waste storage facilities in the block. That is a suitable remedy.

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Decision

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

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Investigator's decision on behalf of the Ombudsman