LGO (Local Government & Social Care Ombudsman) Upheld

Westmorland and Furness Council

24-019-792 · Environment And Regulation › Refuse And Recycling · Decision date: 05 August 2025 · View Westmorland and Furness Council scorecard

Full Decision

The Ombudsman's final decision

Summary: Ms B complained the Council delayed providing her with domestic waste bins which meant she had to pay for a commercial waste collection while also paying council tax. The Council has agreed to refund the amount Ms B paid for the commercial waste collection. That is a satisfactory remedy and I therefore do not intend to pursue the complaint further.

The complaint

The complainant, Ms B, complained the Council delayed providing her with domestic waste bins. Ms B says as a result she had to pay for a commercial waste collection service for the same period she paid council tax for.

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. 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 complaint and Ms B's comments; considered some information provided by the Council.

Ms B 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

Ms B moved into a property which previously had a commercial waste collection service. Ms B contacted the Council in June, July and August 2024 to ask for a residential bin. The Council did not provide the bin until autumn 2024. As a result Ms B paid £274.61 for a commercial waste collection service while at the same time paying council tax which also covers waste collection.

In response to my enquiries on the complaint the Council agreed to refund the £274.61 Ms B paid for the commercial waste collection. As that is a satisfactory remedy for the complaint I have not investigated further.

Action

Within one month of my decision the Council should pay Ms B £274.61.

The Council should provide us with evidence it has complied with the above action.

Final decision

I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator's decision on behalf of the Ombudsman