Summary: Mr D complained about the way the Council is dealing with refuse and waste collection on his street. He also complained that the Council is taking too long to deal with frequent fly tipping and is not emptying recycling bins at all. We found the Council at fault in relation to recycling collections. The Council agreed to apologise and make a payment to Mr D in recognition of injustice caused to him. The Council has said it will ensure the recycling bin is collected going forward.

The complaint

1. Mr D complains the Council does not provide sufficient refuse containers as they overflow the day after collection. He also complained about fly tipping and how long the Council were taking to deal with reports. Mr D says the Council has failed to ever empty recycling containers which were installed in August 2024.
2. Mr D would like the Council to replace the shared refuse containers with individual bins, to enforce anti fly tipping measures, to collect recycling and to educate the community about how to recycle as well as the importance of doing so.

Back to top

The Ombudsman’s role and powers

3. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. 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)

Back to top

How I considered this complaint

6. I considered evidence provided by Mr D and the Council.
7. Mr D and the Council have had an opportunity to comment on my draft decision. I have considered any comments before making a final decision.

Back to top

What I found

What happened

8. The Council introduced shared large containers for refuse on Mr D’s street more than 12 years ago. It says this is because there is not enough space at the front of the properties on the street to store individual bins safely. The containers are located in an alleyway, which should be kept locked by residents.
9. The containers are emptied twice each week. The Council says the containers allow each household 350 litres of waste capacity each week. In accordance with the Council’s policy, an individual container holds 140 litres and would be emptied fortnightly.
10. For a period, the Council reinstated individual bins, but says this was done in error, and so it returned to shared containers.
11. Mr D says the containers overflow the day after they are emptied, as there is not enough capacity.
12. Mr D complained to the Council about the return to shared containers and the overflow this was causing. He also asked the Council to provide better recycling facilities and education for the community.
13. The Council responded to say it would not be returning to individual bins and explained its reasoning for this. It agreed to put a recycling bin in place and did so in August 2024.
14. Mr D says the recycling bin has not been emptied since it was put in place, and the Council has accepted this.
15. Additionally, Mr D says the alley is being used for fly tipping regularly and the Council has not taken appropriate action to tackle this issue.

Analysis and findings

16. With regard to the Council’s decision to use shared containers. This is a decision the Council is entitled to make. Although the original decision was made a long time ago, the Council has shown that it has considered the issue again and decided this is the best option for Mr D’s street.
17. The Council says it has similar streets in its area, and it has seen that individual bins pose problems too. Although the Council is aware of the problems described by Mr D, it does not consider individual bins will resolve them.
18. One step the Council has taken to alleviate some of the problems was to put the brown recycling container in place. However, the Council accepts this has not been emptied, so has not achieved anything.
19. The Council has said it will issue a memo to the relevant crew and will monitor this for eight weeks to ensure the container is now emptied.
20. Failure to empty the brown container is fault. Mr D’s has suffered an injustice, as the issues have been exacerbated by putting in place an additional container which is full and overflowing and has been for approximately nine months. This will also have added to his frustration and to his feelings the Council does not care to address the problems he is living with as a result. This is reflected in my recommended remedy below.
21. Mr D said the Council has not done enough to educate the community about the need to recycle and how to do it. The Council says it sends annual communication to all households and businesses about effective recycling, fly tipping and waste disposal. It also provides information on its website.
22. The Council acknowledges that the containers are overflowing. It says this is not due to insufficient capacity, but by the residents failing to dispose of waste appropriately. It says that the alleyway is not always locked by residents, so the containers are also being used by nearby businesses on occasion.
23. I do not consider the Council is at fault for its decision to use the shared containers rather than individual bins as this is a decision it is entitled to make, and it has shown it has taken reasonable considerations in reaching its decision.
24. The Council has provided evidence of all fly tipping reports it has received over the past six months. It appears the Council has acted on all reports within five working days. There were three separate incidents where the Council was unable to deal with fly tipping reports as it was unable to access it – it explains this is because of locked access.
25. The Council has also provided a log of enforcement action it has taken against fly tipping. This log shows the Council is regularly using its powers to issue notices and fixed penalties against offenders.
26. The Council has also explained that as well as dealing with fly tipping reports as they are received, it is taking action to try to deal with the ongoing issue.
27. The Council says it has scheduled a multi-agency project to deal with the issues that have been raised by Mr D. This will involve the Council’s Waste and Recycling service, the waste management contractor, its Neighbourhood Compliance department, and its Neighbourhood Project team. They will work together to consider the issues this Autumn.
28. In the meantime, the Council has had Neighbourhood Officers and members of its Neighbourhood Compliance team carrying out weekly walkabouts in the area. The Council says this involves identifying properties without sufficient waste provisions, reporting on issues they identify, providing advice to residents and issuing legal notices where residents are storing waste on their land.
29. Mr D has provided evidence of the state of the shared containers, and it is clear the current system is not working. However, where there is no fault identified in the way the Council has reached a decision, we do not criticise the decision.
30. I have seen that the Council is aware that refuse in the area is an issue, and that it is taking action to try to deal with this. I have not found that the root of the issue is the Council’s decision to use shared containers.
31. I am satisfied the Council’s proposal to issue a memo to the relevant crew to empty the brown container, and to monitor this for eight weeks is a reasonable approach to deal with the missed collections to date.
32. We can monitor the effectiveness of the steps the Council intends to take through further complaints received by this office.
33. The Council’s proposal does not acknowledge the personal injustice to Mr D as a result of this. I have therefore recommended that the Council make an apology to Mr D and a payment in recognition of the impact on him. Mr D has said he has had to store recycling in his home for weeks at a time and has been dependent on friends and family to take his recycling for him. He says this has caused problems with rodents within his property.

Back to top

Agreed Action

34. Within one month of the decision, the Council should:
• apologise to Mr D. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• make a payment of £150 to Mr D in recognition of the distress and inconvenience the fault identified has caused him.
35. Within three months of the decision, the Council should provide evidence of all recycling bin collections that have taken place from the date of the decision.
36. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

37. I find fault causing injustice. I have recommended the Council carry out some action to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman