The Ombudsman's final decision
Summary: Mr X complained the Council failed to collect his recycling several times over a period of twelve months. The Council provided reasonable expectations for why this occurred. I do not find fault with the Council.
The complaint
Mr X complains the Council repeatedly failed to collect his recycling bins over a period of two years.
Mr X says due to limited mobility following a surgical procedure, he was unable to go to the tip and had to store uncollected recycling waste in his garden.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended) Mr X complained about missed bin collections over the last two years. It was open to Mr X to complain to us earlier and I can see no good reason why he did not. Therefore, I have investigated the missed bin collections covering the twelve months prior to Mr X’s complaint to us.
If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I considered evidence provided by Mr X and the Council.
I considered the information on missed bin collections provided on the Council’s website .
I considered Section 45 of the Environmental Protection Act 1990.
I considered comments on a draft decision from both parties before coming to a final decision.
What I found
Law regarding bin collections Councils, as local waste collection authorities, have a duty to collect domestic waste and recycling from households. The frequency of collections is a matter for councils.
Councils typically set out their policy for refuse collection on their website.
What happened In the 12 months prior to Mr X complaining to the Ombudsman, the Council says he made twelve reports of missed bin collections.
The Council has provided us with reasons for these missed collections. They include blocked access, service recovery following strike action and operational restraints, which I note occurred during the first six months of the pandemic.
The Council also says four of the collections were delayed rather than missed and the Council notified the residents of the delay.
Mr X provided videos recorded on his doorbell which show refuse collectors collecting household waste and not the recycling. I queried this with the Council who said recycling and household waste are collected on separate routes and so at different times.
My findings
Mr X’s bins have either not been emptied, or have been emptied late, on several occasions in the last 12 months. However, I stop short of finding fault because the Council has provided reasonable explanations for why this occurred. There was no fault in the Council’s actions.
Final decision
I have completed my investigation and do not find fault with the Council.
Investigator's decision on behalf of the Ombudsman