The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about a delay in delivering new recycling containers. Following our involvement, the Council has now delivered her the new containers and apologised for the delay. This is a proportionate remedy for the injustice caused.
The complaint
Ms X complained the Council delayed delivering her new recycling containers. She says this meant the recycling crews were not collecting her kerbside recycling, caused frustration and inconvenience.
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 significant injustice, or that could cause injustice to others in the future 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
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In autumn 2023 the Council implemented changes to its waste and recycling service.
The Council missed Ms X’s property when distributing new containers to residents. Ms X contacted the Council to request the new containers. When the Council did not deliver these, Ms X complained.
In January 2024, the Council apologised to her for the delay. It said its team was currently working through a backlog and it would take some time to catch up. It confirmed she was on the delivery list for the new containers.
In March 2024, Ms X told us she had still not received the new containers. She said because she did not have the new containers, the crews were not collecting her recycling, causing her frustration and inconvenience.
If we investigated this complaint, it is likely we would find the Council at fault, as despite her request and the Council acknowledging the delay in January 2024, it had still not delivered the new containers to Ms X.
We invited the Council to remedy this complaint by providing Ms X with the new containers. In its response to us, the Council said it had now delivered her the new containers. It said it apologised to Ms X for the disruption caused and for the delay resolving her complaint.
The Council has now delivered the new containers to Ms X, resolving the substantive issue of her complaint. There is insufficient outstanding injustice to warrant further investigation.
Final decision
We have upheld this complaint because the Council agreed to resolve the complaint early by providing the new containers. This is a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman