The Ombudsman's final decision
Summary: Mr X says the Council failed to collect his bins on several occasions. He says this caused him inconvenience as he had a build-up of rubbish. We have found fault in the Councils actions for failing to collect Mr X’s bins and recommend it apologises and pays a financial payment to Mr X.
The complaint
Mr X says the Council failed to collect his bins on several occasions. He says this resulted in him having to ask neighbours if they had any space in their bins for his rubbish.
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 have considered the information provided by Mr X.
Mr X and the Council have had the opportunity to provide comments on my draft decision. I have reviewed any comments received before issuing 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.
What happened Mr X complained to the Council in mid-February 2024 following a missed collection of his rubbish. He said this had resulted in a build-up of rubbish which he was unable to store to the next collection.
The Council responded to Mr X’s complaint within three days and said it had recently had a change of process with collections which had resulted in some teething problems it was working to correct.
The Council said it had returned to collect the waste, but Mr X says this did not happen.
The Council told Mr X it had competed additional training for crews and had further training in place which had led to significant improvements.
Mr X says he has experienced around three or four missed collections.
Analysis The Council acknowledge there had been problems with missed collections following a new system being introduced. This is fault and Mr X experienced inconvenience when his bins were not collected.
The Council explained to Mr X it had taken action to complete training with crews which it says led to significant improvements. However, Mr X says he has experienced further missed collections following the Council’s response.
Agreed action
Within one month of a final decision being issued, the Council should: Write to Mr X to apologise for the fault identified.
Pay Mr X £50 in compensation for the inconvenience caused to him.
Arrange for the monitoring of the collection rate at Mr X’s property for three months to ensure collections are taking place.
The Council should provide us with evidence it has complied with the above actions.
Final decision
I have found fault in the actions of the Council for failing to collect Mr X’s bins.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman