Summary: We will not investigate this complaint about problems with assisted refuse collections. The Council has agreed to make a symbolic payment to Miss X. We consider this a suitable remedy

The complaint

1. Miss X complains the Council failed to return her recycling bin to the boundary of her property on six occasions between September 2025 and January 2026, despite her being registered with the Council for assisted refuse collections. She believes the Council’s actions amount to discrimination under the Equality Act 2010. Miss X says moving the bin herself caused physical pain and significant anxiety.
2. Miss X also complains the Council dealt with her reports as service requests instead of a complaint.

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 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 s34H(1), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. If we investigated this complaint it is likely we would find the Council at fault because from the information provided by Miss X and the Council, it seems likely on balance the Council did not return the bins to the agreed place on six occasions.
8. To resolve the complaint early we therefore asked the Council to consider remedying the injustice caused by its actions by making a symbolic remedy payment of £250. This figure is in line with our Guidance on Remedies. It reflects the level of frustration and inconvenience Miss X experienced.
9. We cannot determine whether the Council has breached the Equality Act 2010 as this can only be done by the courts.
10. Miss X complained about the Council’s handling of her complaint. It is not a good use of public resources to investigate complaints about complaint procedures in isolation.

Back to top

Agreed action

11. To its credit the Council agreed to resolve the complaint. To put things right it will pay Miss X £250 within one month of the date of this decision.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X. It would be disproportionate to investigate the Council’s complaint handling in isolation.

Back to top

Investigator's decision on behalf of the Ombudsman