The Ombudsman's final decision
Summary: There was fault by the Council as it missed about 15 assisted bin collections and/or returns in six months. An apology, payment and agreement to monitor collections for the next month remedies the injustice caused to Mr X.
The complaint
The complainant, who I shall call Mr X, complains the Council has missed assisted refuse collections and has not returned bins to the correct place.
Mr X has explained that he has to contact the Council each time to ask for the missed collections and returns to be corrected.
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 consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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
I read the papers put in by Mr X.
I considered the Council’s comments about the complaint and any supporting documents it provided.
Mr X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Key facts Mr X has impaired mobility and is on the Council’s register for assisted refuse collections. The refuse collectors should collect and return his bins to an agreed place next to his house.
The Council has said there were two missed collections in 2020 and two in 2021. From March 2022 until September 2022 there were 10 occasions where bins were not collected and 5 occasions where the bin was emptied but not returned to Mr X’s property.
The Council has said that each time Mr X has reported a problem, it responded to his email within 10 working days. The Council said it has taken the following actions to ensure the problems do not occur in the future: The Council’s Waste Supervisor has given extra training to the relevant crews and provided all crews with written instructions where to replace Mr X’s bin after emptying, including checking the number on the bin when returning them.
The Council is in the process of recruiting permanent staff to reduce its reliance on agency workers.
Crews have also been warned verbally and in writing that further failures to Mr X’s collection that are valid will trigger disciplinary action for those involved.
The Council has said ‘it does not consider that a financial remedy for Mr X’s time and trouble is appropriate, as, in response to Mr X’s complaints, crews have always returned to make good any failures. Mr X’s bin has always eventually been collected and returned to correct location and therefore, although delayed, the service has been delivered’.
My analysis There has been fault by the Council. It has failed to provide the assisted collection service to Mr X. The Council has argued that it has always returned to put the problem right when Mr X emails them, so does not consider an additional remedy for Mr X’s injustice is needed.
While I could accept this argument for 2020 and 2021 where there were two missed collections, Mr X has had 10 missed collections and 5 missed bin returns in 2022. This has meant Mr X has had to email the Council on each occasion and I do believe the time and trouble he has been put to warrants a payment of £250. While his bin is eventually emptied and returned, as Mr X’s mobility is limited, he may be unable to use his bin for several days.
I have noticed the Council has put in place several actions. However, it still seems reliant on the crew remembering and Mr X emailing if there has been a problem. I consider it would be reasonable for a Council employee or supervisor to visit Mr X’s property after the collection has taken place to monitor whether the arrangements are working for a set period of time.
Agreed action
The Council should apologise to Mr X for the missed collections and returns within one month of the date of the decision on this complaint.
The Council should pay Mr X £250 for his time and trouble in contacting the Council due to missed collections within one month of the date of the decision on this complaint.
The Council should confirm in writing, within one month of the date of the decision on this complaint, that it will make an arrangement for a supervisor to check after each refuse collection has taken place for one month and continue this if further missed collections occur.
The Council should provide us with evidence it has complied with the above actions.
Final decision
I have completed my investigation of this complaint. This complaint is upheld, as there is evidence of fault by the Council. I consider the actions above remedy the injustice caused to Mr X.
Investigator's decision on behalf of the Ombudsman