Agenda item

(Governance & Development Management Portfolio Holder) To consider the attached report (C-019-2015/16).

(1)        That the unacceptable level of service received by some residents within the District following the change to the revised four-day Waste and Recycling collection service be recognised by the Council;

(2)        That the improvement of the refuse and recycling service towards the level that was expected in the District be noted;

(3)        That, following careful consideration and advice, it was not considered to be in the best interest of Council Tax payers to offer individual financial compensation; and

(4)        That the correct response on a District-wide basis be determined at the conclusion of the review of the implementation of the four-day Waste and Recycling collection service by the Neighbourhoods Select Committee.

The Portfolio Holder for Governance & Development Management presented a report on possible compensation for missed refuse collections.

The Portfolio Holder reminded the Cabinet that, as a result of a competitive procurement process, the Council had appointed Biffa Municipal Ltd as its Waste, Recycling and Street Cleansing contractor from 4 November 2014. After a mobilisation period, the contractor successfully operated the previous five-day collection regime until 12 May 2015. However, the transfer to the revised four-day collection schedule, which was a central feature of their tender, had brought about a significant number of missed collections. Consequently, the Cabinet had to consider the issues of how to deal fairly with complaints from residents as a result of the failure to collect their waste and recycling on the days of the agreed schedule.

The Portfolio Holder stated that, although it was recognised clear improvements were being made, the new waste collection service had not yet fully stabilised, and while every effort was being made to ensure a satisfactory service was provided henceforth, it was not possible to conclude at this stage that there would not be more issues that could potentially give rise to complaints. However, following careful consideration and advice, it had been concluded that offering individual financial compensation for missed collections would not be in the best interests of Council Tax payers. When the Neighbourhoods Select Committee had completed its review of the issues, a wider assessment of the impacts would be available, and the Cabinet would be able to consider whether a District-wide or area basis impact was observable. With this information, the Cabinet would then be able to further assess what appropriate action should be taken.

The Portfolio Holder added that the Council had consulted with the Local Government Ombudsman, and the indications were that the Council was not culpable of mal-administration; residents were still at liberty to complain to the Local Government Ombudsman. The Cabinet recognised that the service in the past few weeks had been sub-standard, and the level of dissatisfaction might be a consequence of the exemplary service provided to residents in the past. The Cabinet recognised that the proposed approach was very reasonable and that every effort was being made in the circumstances to resolve the issues with the service.

Decision:

(1)        That the unacceptable level of service received by some residents within the District following the change to the revised four-day Waste and Recycling collection service be recognised by the Council;

(2)        That the improvement of the refuse and recycling service towards the level that was expected in the District be noted;

(3)        That, following careful consideration and advice, it was not considered to be in the best interest of Council Tax payers to offer individual financial compensation; and

(4)        That the correct response on a District-wide basis be determined at the conclusion of the review of the implementation of the four-day Waste and Recycling collection service by the Neighbourhoods Select Committee.

Reasons for Decision:

The Council had received approximately 5,400 complaints regarding missed collections from the time of the new four-day collection arrangements being implemented, with many of the complainants requesting financial compensation. The Council was required to reach a decision on this issue in an appropriate and reasonable manner, seeking to balance the legitimate right to complain against the best interests of the use of public funds.

Other Options Considered and Rejected:

The Council could consider agreeing a set amount of compensation for each missed collection. However, it would be extremely difficult to verify each individual claim, particularly as awareness of any successful claim would in all likelihood generate many other additional claims. The Council could agree a compensation amount at this stage before the service stabilises and risk further impacts.