Summary: Mr X complained the Council stopped collecting his bins. He said this caused waste to build up and caused him avoidable frustration. We find the Council at fault which caused injustice. The Council will take action to provide the agreed service to Mr X.

The complaint

1. Mr X complains about the Council’s decision not to collect his bins from outside his home.
2. Mr X says this has caused him to miss collections and waste has built up near his home. He says this has caused him avoidable frustration.

Back to top

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 future we may recommend a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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)
6. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
7. 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)
8. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

What I have and have not investigated

9. Mr X complains about matters which started in autumn 2024. Mr X made his complaint to the Ombudsman in November 2025. As I have explained above, we do not investigate late complaints unless there are good reasons. I consider Mr X could have made his complaint to the Council sooner, and so I have not exercised discretion. I have investigated complaint matters from November 2024, as this is 12 months before Mr X brought his complaint to us.
10. Mr X also complains about matters which have occurred since he brought his complaint to us. These matters directly relate to Mr X’s original complaint, and I am satisfied the Council has knowledge of these matters. As I have said above, we may investigate if we consider it is unreasonable for a complainant to complete the complaints process. I consider that in this case, it is not reasonable for Mr X to complete the Council’s complaint process.
11. I have investigated matters from November 2024 to date.

Back to top

How I considered this complaint

12. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
13. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

What should have happened

14. 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.
15. 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 a disability. 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.
16. The Ombudsman’s guidance ‘Principles of Good Administrative Practice’ states councils should inform people who use services what they can expect and what the organisation expects of them and take proactive action to explain and respond to any delays.

What happened

17. Mr X lives in a property down a long private access only road. He does not meet the criteria for assisted bin collections.
18. Prior to November 2024, the Council began to miss some of Mr X’s bin collections.
19. Mr X regularly reported missed bin collections to the Council.
20. In August 2025, Mr X made a formal complaint.
21. In September, the Council responded to Mr X’s complaint. It told him its contractors had recorded there was an issue with the location of the bins. It said an officer would contact him to discuss the issue.
22. In October, the Council wrote to Mr X and told him it would only collect his bin if he left it at the end of the private access road by the public highway. It said this was because the private road was not safe for its refuse collection vehicles.
23. In November, the Council visited Mr X’s property and advised a family member the collection point was located on the public highway.
24. Mr X brought his complaint to the Ombudsman.
25. The Council agreed to collect Mr X’s bins halfway down the private access road if Mr X built a bin storage area.
26. In January 2026, the Council contacted its legal department. It said it was reducing the historic arrangements collecting bins for properties located at the end of private access roads. It asked its legal department to arrange an agreement between Mr X and the Council.
27. In spring, Mr X built the bin storage area in the agreed location.
28. To date, the Council has not resumed collecting Mr X’s bins.

Analysis

29. The Council decided to change the bin collection location for Mr X. The Council can decide how it collects waste and it considered all available information in its decision-making. I find no fault in the Council’s decision-making and so I cannot criticise the outcome.
30. Evidence shows the Council’s decision to change Mr X’s bin collection location was related to organisational changes made to collections for customers living on private access roads. The Ombudsman’s guidance ‘Principles of Good Administrative Practice’ states councils should inform people who use its services what they can expect. The Council should have communicated its decision to Mr X when it stopped providing his collections before he made his formal complaint. The Council’s failure to communicate its decision with Mr X was fault.
31. Mr X completed built the bin storage area in the agreed designated collection point in spring and the Council is yet to resume its collections. The Ombudsman’s guidance ‘Principles of Good Administrative Practice’ states councils should take proactive action to explain and respond to any delays. I consider the Council’s delay resuming its collections from spring to be fault.
32. Having identified fault, I must consider whether these faults caused Mr X a significant injustice. I consider the faults identified caused Mr X ongoing unnecessary frustration. Mr X tells the Council he would not present his bin on the public highway and so I consider the Council’s delay telling Mr X about the change in his bin collection location did not cause him to miss out on bin collections. I do consider the Council’s delay collecting the bins from the new agreed collection point from spring to date caused Mr X a loss of service.
33. Mr X tells the Ombudsman he is not seeking an apology. Mr X seeks for the Council to resolve the issue and collect his bins from the agreed collection point. I am satisfied this action would remedy the injustice caused.

Back to top

Action

34. Within four weeks of the final decision statement, the Council has agreed to take necessary action to provide collections from the agreed designated collection point without further delay and communicate its plan including the expected dates to Mr X.
35. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

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

Back to top

Investigator's decision on behalf of the Ombudsman