The Ombudsman's final decision
Summary: Mr X complained the Council has repeatedly failed to return the bins servicing properties on his street to the designated storage points with their lids closed after emptying them. He states the bins are left all over the street and he has to return them to the storage point. There is no fault in the way the Council has responded to Mr X’s reports of failings in the waste collection service.
The complaint
The complainant, whom I shall refer to as Mr X complained the Council has repeatedly failed to return the bins servicing properties on his street to the designated storage points with their lids closed after emptying them. He states the bins are left all over the street and he has to return them to the storage point.
Mr X complains that despite repeated complaints and assurances the service will improve, the problems have 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 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 the documents provided by Mr X; made enquiries of the Council and considered the comments and documents the Council provided; discussed the issues with Mr X; Mr 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
Key facts This is Mr X’s second complaint to the Ombudsman about failings in the Councils wate collection service. Mr X lives on a small close which has two designated areas to store the bins. The waste collection crews should collect the bins from these points, empty them, and then return them to the designated areas.
Mr X complains the crews routinely fail to return the bins to the designated areas when they are empty and instead leave them scattered around the road or in front of residents windows. Mr X returns the bins to the designated point each week as he is concerned that when the bins are empty they can be blown over into the road. It is also unpleasant for residents to have smelly bins directly below their windows.
Mr X made a formal complaint to the Council in March 2020. He stated the collection crew had taken the bins from the storage area, emptied them and then left the bins in the car park blocking cars and under people’s window sills. Mr X complained this was not the first time this had happened and asked that the crews return the empty bins to the storage area.
The Council apologised for the poor service and confirmed the service manager had spoken to the crews and given written instructions about returning the bins to the storage point.
Mr X states the problem continued, but he did not complain to the Council again until September 2021. The Council responded in October 2021 and again confirmed it had asked the manager to speak to the crews to remind them of their roles and responsibilities when making collections. The Council noted Mr X’s original complaint was logged in March 2020 and hoped that this had not been a problem in the interim.
Mr X is unhappy the problem has continued despite his complaints. He states he stopped contacting the Council to report the problem as its letters suggested it had done what it could and could do no more. There would be no point in making further complaints to the Council. Mr X has now passed his concerns to the estate’s managing agents and asked that they deal with any problems with the bins in the future.
Analysis Mr X complains the collection crew routinely fail to return the empty bins to the storage area. His complaint to the Ombudsman states that after every collection at least some of the bins are left around the road and he has to return them to the storage point. This is clearly frustrating and upsetting for Mr X but as he does not report the problem to the Council, it is unlikely to be aware this is an ongoing issue.
Given that there was almost 18 months between Mr X’s complaints about the service, and then no further complaints, I consider the Council was entitled to assume the service manager’s intervention had resolved the problem and the service had improved. We would not criticise the Council for failing to take further action when it was unaware the problem was ongoing.
Clearly should Mr X, or agents on his behalf report further problems with the waste collections, I would expect the Council to take action to address the issue.
Final decision
There is no fault in the way the Council has responded to Mr X’s reports of failings in the waste collection service.
Investigator's decision on behalf of the Ombudsman