The Ombudsman's final decision
Summary: Miss X complained that although she should receive an assisted collection service the Council routinely failed to collect her household waste throughout 2021 and failed to return her bins to the collection point. The failings in the assisted collection service the Council provided to Miss X amount to fault. This fault has caused Miss X an injustice.
The complaint
The complainant, whom I shall refer to as Miss X complained that although she should receive an assisted collection service the Council routinely failed to collect her household waste throughout 2021 and fails to return her bins to the collection point. Miss X complains the Council has left her household waste bin at the top of her drive, where she cannot access it, since August 2021. As Miss X is unable to use the bin at the top of her drive she has to store her waste in refuse sacks, which has led to a problem with rodents at her property.
Miss X complains that despite the repeatedly reporting the issues and making complaints the problem has continued.
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 a council’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 the documents provided by Miss X; made enquiries of the Council and considered the comments and documents the Council provided; discussed the issues with Miss X; Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Refuse and recycling collections Councils have a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in its area. The collections do not have to be weekly and councils can decide the type of bins or boxes people must use.
The Council's practice is to make a weekly household waste collection and a fortnightly recycling collection.
The Council provides an assisted collection service for people who are unable to move their bins and boxes due to a disability or age. The Council should collect the bins from the storage point and return them to the same point.
When a resident reports a missed collection, the Depot will ask the crew to return to complete the round as soon as possible. When the Council has completed the collection, it closes the report.
What happened here Miss X states that she has been registered for an assisted collection service for around five years. Her wheelie bins were collected from and returned to the same point by her front door, and this collection point has never changed. She states that since January 2021 she has routinely had problems with the assisted collection service.
Miss X states her collections are missed, often for weeks at a time and when collections are made, her bins are not returned to the designated point. She complains the collection crews leave her bins blocking access to her path or in a position where she cannot use them.
According to the Council’s records Miss X has reported 18 missed household waste collections and four missed garden waste collections since January 2021. The reports are all closed and indicate the Council generally made the missed collections within a few days.
In addition to reporting missed collections, Miss X also made formal complaints about the service. The Council monitored Miss X’s collections between March and May 2021. The records for this monitoring suggest that the collections were not complete correctly in seven of the 13 weeks monitored. Although the service did improve in the final five weeks.
Miss X made a further complaint on 10 August 2021. She complained she had notified the Council the previous week that her household and garden waste bins had not been returned to the collection point. Miss X was unable to move the bins back and could not carry bags of rubbish to where they had been left. She had therefore left her waste for collection in black bags where the bins should be stored. Miss X complained the Council had not collected the bags or returned her bins. She asked the Council to empty her bins every week and return them to her front door.
Miss X also complained that she had been told by a refuse collector that her assisted service had been stopped as a member of the collection crew had reported that she had moved. Her waste was not collected and the black bags piled up. Miss X was unhappy the Council has cancelled the assisted collection service without verifying the position with her.
Miss X repeated her complaint the following week when her waste was again not collected and her bins still not returned.
The Council’s response apologised for the poor service and frustration caused. It confirmed it was the Council’s policy to return assisted collection bins to the presentation point. Miss X’s complaint had been passed to the service manager who would remind the crew of the assistance she required and that the bins should be returned to the presentation point.
The following week Miss X contacted the Council again as despite the Council’s assurance there were still problems with the service. Miss X stated that some of her black bags had been collected but her bin was still at the top of her drive.
In early September 2021 Miss X asked the Council to review her complaint as her household and green waste were still not being collected and the bins were not being returned to her front door. On 15 September 2021 Miss X provided photographs showing the black bags had again not been collected and that her bins had not been returned properly.
The Council advised Miss X it would review her complaint by 30 September 2021. As it did not meet this timeframe, Miss X contacted the Council again on 7 October 2021. She stated collections were still missed every couple of weeks and that her bin was still at the top of her drive where the collection crew had left it two months earlier. The Council apologised for the delay and confirmed a manager would carry out a site visit to see what could be done to improve the situation.
The Council completed its review and wrote to Miss X on 21 October 2021. It apologised that Miss X had had to escalate the matter and for a further missed collection the previous week. The Council had spoken to the manager of the garden waste service and asked that they also speak to the refuse team manager to ensure the service improved. Miss X acknowledged the Council’s response and reiterated that her household waste bin was still at the top of her drive where she could not use it.
In late October 2021 Miss X contacted the Council to advise that her household waste had been collected but she still could not use the bin as it had not been returned to the front of her property. She also noted that the last two garden waste collections had been missed. There is no record the Council responded to Miss X’s email.
As the problems with Miss X’s assisted collection service have continued, Miss X has asked the Ombudsman to investigate her complaint. She states her household waste bin is still at the top of her drive having been left there by the collection crew in August 2021. As she cannot carry full bags of rubbish to the top of her drive Miss X stores them in her home and then presents them by her front door the evening before collection. She states that when collections are missed she is left with rotting rancid waste by her front door.
Miss X also complains that her garden waste bin is not routinely returned to her front door but has been left blocking her front path. She states she has had to cancel medical appointments as she cannot move the bin or get around it.
In response to my enquiries the Council states there have been widespread staff shortages through out the waste services division over the last year. While most collections are made on the scheduled collection days some rounds have been impacted by the shortages. Staff shortages have meant that crew membership has been inconsistent and it acknowledges that some relief crews may not have worked through their assisted collection list as thoroughly as they should.
The Council states Miss X has remained on assisted collections since being added, and this service has never been cancelled. The Council acknowledges that Miss X received a poor assisted collection service in 2021 but suggests the service has improved since the start of 2022.
Analysis It is clear from the Council’s records that there have been repeated failings in the assisted collection service provided to Miss X. These failings in the service amount to fault.
The Council states Miss X has reported a total of 17 missed collections, but I consider it likely the Council missed significantly more collections. For example, the Council’s records do not show any missed collections in August 2021, yet Miss X’s complaints refer to missed and incomplete collections on 10 and 17 August 2021. I do not therefore consider the Council’s records to be a reliable indicator of the extent of the problem.
It is also clear that the Council has repeatedly failed to return Miss X’s bins to the front of her property after collection.
The Council’s service specification for wheelie bins collection services recognises that some households may have difficulty presenting their bins, so the Council needs to make alternative arrangements. It states an assisted collection is “the collection of a refuse or recycling container(s) by the collection crew from an agreed point in the front of the property and the return of the empty container(s) back to that point”.
The Council has confirmed Miss X is registered for assisted collections and this should be recorded on mobile technology within the collection vehicles and in the crew packs. It should therefore be clear to whichever crew is assigned to collect the household and garden waste from Miss X’s street that she should receive assisted collections.
It is particularly concerning that despite Miss X’s numerous complaints and reports of problems with the service, her household waste bin has been left at the top of her drive since August 2021. This is clearly unacceptable and the Council should ensure it is returned to the correct presentation point as a matter of urgency. It should also ensure the bin is collected from and returned to the presentation point every week going forward.
I also consider there to be fault in the way the Council has dealt with Miss X’s complaints.
Despite the Council’s assurances it had reminded the crew members and the issues would be resolved, the service did not improve. The missed collections continued and her bins were not returned to the presentation point.
Miss X has confirmed there has recently been an improvement as her household waste is now being collected, however her household waste bin has still not been returned to the front of her property. Miss X asserts the Council is aware of the problem but is choosing not to address it.
Having identified fault, I must consider whether this has caused Miss X a significant injustice. Miss X has had to find ways to manage the uncollected waste left at her property. This is particularly difficult as she is unable to use her household waste bin while it is positioned at the top of her drive. Since August 2021 she has had to store her black bags of household waste in her property until collection day. When a collection is missed the waste then remains at her front door and becomes unpleasant and has attracted rodents. Miss X states she has been unable to trap the rodent and feels she cannot invite anyone to her home while she has a rodent problem.
In addition, Miss X has experienced frustration and disappointment that despite her complaints and reporting of problems, collections were still missed and the bin has still not been returned. Miss X has also been put to time and trouble in pursuing this matter.
Agreed action
The Council has agreed to apologise to Miss X and pay her £300 in recognition of the frustration and difficulties the repeated failure to make regular assisted household and garden waste collections has caused.
The Council has also agreed to arrange to monitor Miss X’s household waste collections for eight weeks to ensure the assisted collections are carried out properly and the bin is returned to the collection point each week.
The Council should carry out this action within one month of the final decision on this complaint.
Final decision
The failings in the assisted collection service the Council provided to Miss X amount to fault. This fault has caused Miss X an injustice.
Investigator's decision on behalf of the Ombudsman