The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to complete assisted collections, provide the complainant with another bin and delay in responding to the complaint. The Council has corrected the error leading to it to stop making assisted collections, provided an additional bin, apologised, and agreed to make a payment of £150. We are satisfied with the Council’s agreement and consider further investigation will not lead to a different outcome.
The complaint
Mrs X complains the Council: stopped providing an assisted waste collection without warning failed to follow its complaint procedures; and failed to collect a disabled family’s refuse several times
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) We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In May, Mrs X complained to the Council. She said the containers it provided for waste were not enough for her household which includes people with disabilities with a team of people visiting daily to provide support. She advised their circumstances creates more refuse and refuse collectors failed to empty their bins according to their agreed assisted collection or take the extra rubbish. The Council just sent a link for her to apply for another bin which she already had.
Mrs X applied for a further bin in September. The Council says it approved the request because of Mrs X’s specific circumstances.
Unfortunately, the Council failed to raise the request for the new bin with its contractors. The Council acknowledged this error. It wrote to Mrs X and apologised for the time taken for it to provide the correct service. It confirmed: It had fixed the error on the refuse truck IT system which had stopped showing the assisted collection at her address.
It has reminded staff that her address has an assisted collection.
A further bin has been delivered to hold all their waste.
It apologised for the delay in its response to her complaint which it says was because of a volume of work.
Mrs X has confirmed her assisted collections are now taking place according to schedule.
The Council has agreed to pay Mrs X £150 as a symbolic payment in recognition of: its failure to complete the agreed assisted collections for Mrs X’s property the delay in delivering the approved added bin; and the delay in responding to her complaint.
Final decision
We will not investigate Mrs X’s complaint because we are satisfied with the Council’s apology for its service failures and its agreement to pay her £150. This is in line with our published guidance on remedies. Further investigation will not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman