The Ombudsman's final decision
Summary: Ms X complained the Council failed to provide her assisted bin collections. The Council’s failure to routinely provide assisted bin collections is fault which caused Ms X an injustice.
The complaint
Ms X complained the Council failed to provide her assisted bin collections. Ms X says she physically struggled to dispose of her own refuse and recycling. She says the matter caused her distress and time.
Ms X wanted the Council to start providing the service and provide financial compensation.
The Ombudsman’s role and powers
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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) 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(i), as amended)
How I considered this complaint
As part of the investigation I have considered the following: The complaint and the documents provided by the complainant.
Documents provided by the Council.
The Environmental Protection Act 1990.
Ms X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.
What I found
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.
The Council collects recycling every week and refuse every fortnight.
The Council has an assisted waste collection scheme to help residents with a disability. Its website says, ‘If you face difficulties in taking your waste and recycling to the edge of your property, you can apply to have the collection crew come to your door to collect it.’
What happened I have summarised below the key events; this is not intended to be a detailed account.
Ms X has a disability and is registered for assisted bin collections.
Ms X says she reported missed assisted bin collections at least nine times between August 2021 and February 2022.
Ms X’s rubbish and recycling built up which she took to the tip. Ms X says this was not easy because of her disability and cost her time and fuel. Ms X also says this caused her stress.
Ms X complained to the Council. The Council looked into the matter and responded to Ms X in February 2022.
Ms X also complained to the Ombudsman in February 2022.
In response to my enquiries, Ms X said she feels the Council have treated her less favourably because of her disability.
The Council wrote to Ms X and the Ombudsman explaining the reasons for the missed bin collections and the action it has taken to remedy this.
The Council explained it did not collect Ms X’s bins because it assigned the wrong size refuse and recycling vehicles to her property. The Council said it has addressed this and removed large refuse and recycling vehicles from the collection route. It rescheduled the work to narrow access vehicles from the end of January and beginning of February 2022. Ms X has not complained about missed collections since the beginning of February 2022. Ms X is now receiving the assisted bins collection.
The Council explained its technology suppliers have adapted the devices used by the crew. The changes mean the assisted collections are more visible on the devices.
Since the Councils response to Ms X’s complaint in February 2022, the crew send photographs of the assisted waste collection to their manager to evidence collections have taken place properly.
The Council has admitted its customer service and complaint resolution service was poor. It is reviewing its processes and training staff.
The Council apologised for the poor service Ms X received.
Analysis The Council regularly missed Ms X’s household assisted bin collections since August 2021. This is fault.
The missed collections caused Ms X injustice as she suffered stress, and lost time and fuel sorting the matter. The impact was greater on Ms X as she is disabled, disposing of the waste herself was more of a burden.
The Council admitted fault and explained how it happened. The Council has taken various measures to improve the situation. Since February 2022, the Council has provided assisted bin collections for Ms X. The Council has resolved the issue.
I recognise Ms X feels the Council have treated her less favourably because of her disability. Whilst I do not dismiss this element of her complaint, only the courts can make findings about discrimination.
Agreed action
Within four weeks of the final decision being issued, I propose the Council should: Apologise to Ms X in writing.
Pay Ms X £200 in recognition of the distress the Councils failure to make regular assisted bin collections has caused.
Final decision
I have now completed my investigation. The Ombudsman found fault in the Councils failure to routinely provide assisted bin collection for Ms X, causing her injustice.
Investigator's decision on behalf of the Ombudsman