Summary: Mr X complained the Council has failed to provide a replacement recycling bin and delayed considerably in providing a replacement household waste bin. We found the Council’s delays in providing replacement bins is fault. This fault caused Mr X inconvenience and frustration. The Council will apologise and make a payment to Mr X.

The complaint

1. Mr X complained the Council has failed to provide a replacement recycling bin and delayed in providing a replacement household waste bin. Mr X says the collection crew damaged his recycling bin in early September 2024 and took the bin away, so that he was unable to present any recycling for collection.
2. Mr X complains the Council’s collection crew then damaged his household waste bin in May 2025 so that it no longer has a functioning lid. As a result Mr X is unable to leave his bin outside as it fills with water and animals can get into it.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. Service failure can happen when an organisation fails to provide a service as it should have done because of circumstances outside its control. We do not need to show any blame, intent, flawed policy or process, or bad faith by an organisation to say service failure (fault) has occurred. (Local Government Act 1974, sections 26(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 Mr X and the Council as well as relevant law, policy and guidance.
6. Mr 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

Refuse and recycling collections

7. Councils have a duty under the Environmental Protection Act 1990 to arrange for the collection of household waste and recycling from properties in its area. The collections do not have to be weekly and councils can decide the type of bins or boxes people must use.
8. In January 2025 collection crews began industrial action. This began with specific strike days each week when waste would not be collected. Then from 11 March 2025 it became an all-out strike. The Council suspended recycling collections when industrial action began and then declared a major incident on 31 March 2025 to address the impact of the industrial action.

What happened here

9. Mr X requested a replacement recycling bin in early September 2024. He says the collection crew damaged the bin while collecting his recycling and then threw the bin into the collection vehicle. The Council told Mr X he would receive a replacement bin within 21 days.
10. As Mr X had not received a replacement bin, he made a formal complaint in December 2024. Mr X says this did not resolve the problem and he still has not received a replacement recycling bin.
11. Mr X made a further complaint on 26 May 2025 when the collection crew damaged his household waste bin. Mr X says the lid was broken off so he was unable to leave the bin outside and had to store it in his garage.
12. As Mr X was not satisfied with the Council’s response he made a further complaint in early June 2025. Mr X was unhappy the Council told him he would not receive a replacement bin due to the strike action and asked the Council to provide replacement bins as a matter of urgency. He noted he had by this stage been waiting eight months for a replacement recycling bin.
13. In addition Mr X complained the Council’s suggestion that he use refuse sacks while waiting for a replacement bin was not practical. He said the Council had twice failed to collect the sacks which had led to the waste being strewn across the street as the bag had been ripped open, he assumed by cats.
14. The Council responded the following day and told Mr X it could not deal with his complaint due to the industrial action. It said that prior to the strike action there were significant delays in delivering replacement bins due to faults in the manufacturing process and an overwhelming backlog. The Council said that when Mr X requested a replacement in September 2024 it was delivering orders placed in April 2024.
15. The Council confirmed that although it was unable to take any new orders until the industrial action ended, Mr X’s request for a recycling bin was still live and it had ordered a replacement residual bin. It said both were waiting to be actioned and would remain open until the bins were delivered.
16. In the meantime the Council suggested Mr X store his waste in a secure place, using containers with lids to stop waste escaping or pests entering. It said Mr X should then present the sacks for collection. The Council said it would notify the depot to ensure Mr X was added to the sack collection list.
17. Mr X remains dissatisfied and has asked the Ombudsman to investigate his concerns. He says he had to store the waste in his garage and then wake up at 5:30 on collection day to take the sacks out for collection. Mr X says that he had to stand with the waste to ensure it is collected as the collection crew did not always take the sacks.
18. Since complaining to the Ombudsman Mr X says the Council has provided a replacement residual bin but he has still not received a recycling bin. He says the Council delivered the residual bin in February 2026 and since having the bin the Council has routinely collected his waste.
19. In response to my enquiries the Council says it has no record of any correspondence from Mr X regarding his recycling bin or residual bins, apart from the request for a recycling bin in September 2024. It says the job was closed in February 2025 as the Council had suspended recycling collections and the service was approximately 12 months behind on bin deliveries.
20. The Council says the waiting time for replacement bins is an ongoing issue with procurement and delivery times. It is addressing this and says recycling bins will be delivered when the service restarts.
21. In addition the Council says it has no reports of missed collections from Mr X’s property, and that the crews would have collected refuse sacks. The Council says that when it received our enquiries it visited Mr X’s property and noted it had previously delivered a residual bin.

Analysis

22. The delay in providing replacement bins is fault. While this was due to manufacturing issues outside of the Council’s control we still consider this to be a service failure. A finding of service failure does not imply blame, intent or bad faith on the part of the Council, but it still amounts to fault.
23. I also consider there to be fault on the Council’s record keeping. Although the Council say it has no record of correspondence with Mr X regarding replacement bins, Mr X had provided three separate complaint reference numbers generated by the Council. The Council must have been aware of Mr X’s request for a replacement residual bin as it has since delivered one. It is concerning that the Council has no record of when it delivered a replacement residual bin to Mr X and instead had to confirm this by a site visit.
24. Having identified fault I must now consider whether this has caused Mr X an injustice.
25. The Council suspended all recycling collections in January 2025 so irrespective of whether or not Mr had a recycling bin he would not have received kerbside recycling. However, Mr X has not had a recycling bin since September 2024, five months before collections were suspended. This caused Mr X inconvenience and frustration and meant he has had to make alternative arrangements to dispose of his recycling for longer than other residents.
26. Mr X was also without a residual bin for around nine months and had to change the way he stored and presented his household waste. He had to get up early on collection day each week to ensure the refuse sacks were collected, or clear up waste from uncollected refuse sacks split open by animals. This also caused him inconvenience and frustration.
27. I consider the Council should apologise and make a symbolic payment to recognise the injustice caused to Mr X.
28. Given the current industrial action is it not appropriate to make recommendations regarding service improvements.

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Action

29. The Council has agreed to apologise to Mr X and pay him £200 to recognise the frustration, and difficulties the delays in providing replacement bins have caused.
30. 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.
31. The Council should take this action with eight weeks of the final decision on this complaint and provide us with evidence it has complied with the above actions.

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Decision

32. 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