Summary: Miss X complained the Council repeatedly missed her assisted recycling waste collections. We find the Council at fault for failing to provide an assisted collection service to Miss X. This caused Miss X frustration and distress. The Council has agreed to apologise, make a symbolic payment and monitor Miss X’s waste collections to remedy the injustice caused.

The complaint

1. Miss X complained the Council repeatedly failed to collect her recycling waste despite an assisted collection arrangement. Miss X says despite the Council accepting fault in its complaint response she was still experiencing missed collections.
2. Miss X says this has caused her significant stress. She had to store the uncollected waste in bin bags in her shed which created an unpleasant smell.

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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 Miss X and the Council as well as relevant law, policy and guidance.
6. Miss 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

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 their age or a disability.
9. 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.
10. The Council operates its own in-house waste and recycling service. It collects residents’ recycling waste every fortnight.

What happened

11. Miss X is registered for the Council’s assisted collection scheme as she has a health condition that affects her mobility.
12. In March 2025 Miss X reported two missed collections of her recycling waste to the Council. Miss X submitted four reports to the Council in April 2025 and one further report in August 2025.
13. Miss X submitted a stage one complaint to the Council about the repeated non-collection of her recycling waste bin. Miss X said she had reported missed collections in January and March. Miss X was on the assisted refuse collection list and said her recycling waste bin was never emptied.
14. In August 2025 the Council responded to the complaint and apologised to Miss X. It said it had discussed Miss X’s concerns with the waste management service, and the issues would be resolved for future collections.
15. Miss X asked for her complaint to be escalated to stage two. The Council responded to Miss X and explained that due to staffing issues it had to use temporary staff to cover the service. The Council acknowledged it had failed to collect Miss X’s recycling and confirmed it had carried out an urgent collection of the waste. The Council said it would ensure temporary staff were appropriately trained and monitored.
16. In October 2025 Miss X complained to the Ombudsman and said there had been another missed collection. She explained there had been a short period where the collections had taken place on time. A month later Miss X told us the situation had not improved and there had been further missed collections.

Analysis

17. The Council missed seven of Miss X’s assisted recycling waste collections from March 2025 to August 2025. Miss X said there had been further missed collections in October and November. The Council’s failure to collect Miss X’s waste on time is fault.
18. The Council acknowledged that it had failed to collect Miss X’s recycling waste. The impact of the Council’s failure to complete Miss X’s assisted collections was significant. Miss X spent a significant amount of time reporting each missed collection. Miss X had to empty the recycling waste into bin bags and store them in her shed which caused an unpleasant smell. Miss X explained the situation caused her undue stress.
19. I have recommended suitable remedies to address the injustice caused by the Council’s fault below.

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Action

20. Within one month of the final decision the Council has agreed to:
1. apologise to Miss X for the loss of service, frustration and distress caused by the fault identified above;
2. make a symbolic payment of £100 to Miss X in recognition of the frustration and distress caused by the identified fault; and
3. monitor recycling waste collections from Miss X’s address for a three-month period.
21. The Council should provide us with evidence it has complied with the above actions

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Decision

22. I find fault causing injustice for which I have recommended a remedy and the Council has agreed. I have completed my investigation.

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Investigator's decision on behalf of the Ombudsman