Summary: Mrs X complained the Council unfairly failed to allow her to purchase its chargeable garden waste collection service. We find the Council at fault for a systems error that led to it not adding her to the collection service when it should have. This caused Mrs X injustice in the form of inconvenience and frustration. The Council has already apologised to remedy the injustice.

The complaint

1. Mrs X complains the Council unfairly failed to add her to its chargeable garden waste collection service.
2. She had to take her garden waste to the tip. She said she had to spend more than 100 hours and £1000 in petrol to do so. She would like the Council to compensate her £3,000 for the time, petrol and wear and tear to her car.

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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 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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What I have and have not investigated

6. I have investigated from May 2024 when Mrs X first chased up her earlier registration for the garden waste service. I have investigated until the end of August 2025 when the Council sent Mrs X its stage 2 complaint response.
7. Mrs X complained to us in September 2025. This means matters before September 2024 happened more than 12 months before she complained to us. They are therefore late. I note Mrs X believed she was on a waiting list, and contacted the Council several times to chase a response. I have decided these are good reasons why Mrs X did not complain to us sooner. I have therefore decided to use my discretion to investigate the late elements of Mrs X’s complaint.

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How I considered this complaint

8. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
9. Mrs X 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

Household waste and recycling collections

10. Councils have a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in their area.
11. Councils are not required by law to collect garden waste. They may charge a collection fee for doing so.

What happened

12. This is a summary of key events. It is not a detailed chronology of everything that happened.
13. In May 2024 Mrs X contacted the Council about an earlier registration of interest in its garden waste collection service.
14. In March 2025 the Council stopped accepting new customers onto its garden waste collection service. It did so because it started a review of the service.
15. In May 2025 Mrs X made a stage one complaint to the Council. She complained she had been on the waiting list for over 18 months. She said she was fed up with having to drive her garden waste to the tip.
16. The Council responded a few days later. It said it had found a system error. Mrs X’s property was wrongly recorded on the system as not being served by a garden waste collection vehicle. The error meant Mrs X’s registration of interest was not processed when it should have been.
17. The Council explained it was reviewing the service and not accepting any new sign-ups. It apologised for not being able to offer Mrs X a garden waste collection service while it carried out the review.
18. Mrs X was not happy with the Council’s response. She escalated her complaint by contacting the Council in May, June and July.
19. The Council provided its final complaint response in August. It maintained its position from its first response in May.
20. Mrs X complained to us in September. The Council has subsequently added Mrs X to the collection service.

Analysis and findings

21. The Council found its system error within a few days of Mrs X’s stage one complaint. It has confirmed Mrs X would have been able to join its chargeable garden waste collection service if the system error had not been present.
22. I find the Council at fault for the system error. It caused Mrs X injustice because it denied her a chargeable service she wished to purchase. It caused her frustration and inconvenience because she had to manage the disposal of her garden waste.
23. I have considered the severity of the injustice caused to Mrs X.
24. I acknowledge the inconvenience to Mrs X of transporting her garden waste to the tip. I also acknowledge the frustration she felt which was aggravated when she saw her neighbours benefiting from the garden waste collection service.
25. Our Guidance on Remedies says it is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal. We may consider the reimbursement of nominal costs of taking household waste to a tip. However, I do not consider the injustice in this case is severe enough to warrant reimbursement or a symbolic payment.
26. This is because the Council was not required by law to collect garden waste. It also did not offer its chargeable garden waste service to everyone that lived in its area. I have also taken into account that garden waste can be managed through home composting, and that Mrs X has now purchased its garden waste collection service.
27. I note the Council promptly apologised when it identified its error. I have decided the apology meets our expectations for how organisations should apologise effectively to remedy injustice.
28. For these reasons I have not identified remaining significant injustice. I therefore make no recommendations for further action.

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Decision

29. I find the Council at fault for its error that led to it not allowing Mrs X to purchase its garden waste collection service. This caused her injustice. The Council has already apologised to remedy the injustice.

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Investigator's decision on behalf of the Ombudsman