Summary: Mr X complains that the Council’s refuse collectors leave waste outside his home and have not dealt with his complaints about this properly. There was not fault by the Council.

The complaint

1. Mr X complains the Council’s refuse collectors leave waste on the ground outside his home. Mr X also says the Council did not deal with his complaint properly.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. I considered the information provided by Mr X, including videos and photographs and discussed the issues with him. I have considered the Council’s response to my enquiries. Both parties commented on a draft of this statement and I have considered these before I reached a final decision.

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What I found

The law and guidance

5. The Council is the Principal Litter Authority. These have a duty to ensure that their land and land for which they are responsible is, so far as it practicable, kept clear of litter and refuse (Environmental Protection Act 1990, section 89(1))
6. The Government has issued guidance (the Guidance). This says that litter is most commonly assumed to include materials...that are improperly discarded and left by members of the public, or are spilt during business operations as well as waste management operations. (Code of Practice on Litter and Refuse, para 5.2)
7. The Guidance gives four grades by which the Council can assess the level of street cleanliness. These are Grade A - no litter, refuse or detritus; Grade B - predominantly free of litter and/ or refuse with some small items; Grade C - widespread distribution of litter; and Grade D - an area heavily affected by litter and/ or refuse with significant accumulations.
8. The Guidance suggests the Council divide its area into different zones based on the intensity of activity and use. The different zones will help the Council to decide the level of cleaning service needed to meet its duty to keep land clear of litter and refuse. For example, a zone with a high intensity of use should be cleared of litter within half a day of it being reported, to bring the area back to Grade A. An area of low intensity of use should be cleared within 14 days. The Guidance says that housing land is likely to be considered medium intensity of use and should be restored to Grade A standard within one day of litter accumulations being reported.
9. However, the Council can only meet these timescales where it is practicable.

What happened

10. Mr X complained to the Council that refuse collectors spill rubbish on the ground next to his property during waste collections. Mr X raised concerns with the Council. It says it has had numerous conversations with its collection staff.
11. The properties in Mr X’s area have a mixture of wheelie bins, bin store cupboards and black bin bags. The roads around the properties are public highway and the communal areas eg outside garages, belong to the Council. The waste collection staff collect the bags and stack them at the top of external stairs, on a walkway at first floor height. The crew reverse the truck up to the stairs and then lower the bags over the railings into the truck’s hopper. The Council says its Team Leader and its Health and Safety Adviser have overseen and approved this method.
12. Mr X told the Council that crew throw the bags, rather than lower them into the hopper and these split causing a mess which the crew does not clear up. Mr X provided photographs and videos showing this.
13. Mr X made a complaint to the Council on 3 January 2018. The Council responded on 29 January. It confirmed that the collection method had been approved and that they clean up spilt waste but that the area often needs a street sweeper. It would ask the relevant department to organise this and monitor the situation.
14. Mr X complained again on 21 March. The Council cannot trace its reply. Mr X complained again on 4 July and the Council responded on 1 August. Mr X asked the Council to reconsider and on 14 August it sent its final reply. It said:
• It will monitor the cleanliness of the area and contact him directly about this.
• The Council will also remind its crews that bags should not be dropped and will clear up any spilt waste regardless of how this has been caused.
15. In response to my enquiries the Council has said:
• It does acknowledge that there is sometimes litter in this area. It would aim to ensure the area is Grade A and so free from litter but this is not always practical and so it will maintain all streets to a Grade B.
• It has assessed the area and decided which zone it falls into, which will dictate how often street cleaning is done. The Council explained the area around Mr X’s home is housing land and will be street cleaned less frequently than the main roads.
• However, the area is part of a fortnightly scheduled cleanse by mechanical and manual cleaning. The public litter bins are emptied weekly at which time a crew will also litter pick around the bin area if needed. It is in the vicinity of a playground, and so it has installed two additional bins there.
• The street cleaning service responded to the waste manager’s request to carry out an additional clean.
• It will also respond to requests from the public. It has responded to 15 requests to clear litter between April 2012 and December 2015. Only one of these requests was from Mr X. The Council says these were cleared within a few days.
• The Council also received 37 requests about lower level fly tipping such as bags of household waste and bulky household items which it has cleared.
16. In the course of my investigation, the Council has confirmed that it intends to introduce communal bins in frames (except for those with mobility problems), because this will mean that bin bags are not left out in the communal areas. It has obtained quotes and is seeking funding for the work.
17. Mr X has sent me photographs showing the refuse is still collected in the same way and there is still a problem with litter.

Was there fault by the Council causing an injustice to Mr X?

18. The Council acted on Mr X’s reports of spilled rubbish. It says that team leaders carry out periodic checks and have established that residents put out waste before collection days which attracts vermin. Introducing the communal bin stores will help to contain the waste.
19. I appreciate that Mr X would prefer that no litter is left either by the waste collection crews or the public. However, the Council’s records show that it responds to requests in good time and although these might be slightly outside the time limits specified in the Guidance, it should be noted that these time limits apply where practicable. The Council has properly assessed the frequency of cleansing that is needed and can be practically maintained. It has assessed the method of collecting waste and provided that spillage is cleared either by street cleansing, the Council’s housing management or the waste collection crews in accordance with the Guidance, there is no significant injustice to Mr X.
20. The Council’s street cleaning team says it has only received one request from Mr X to clean the area. However, it should be noted that he has been contacting the waste collection team. The Council may want to clarify how Mr X can best report new incidents of litter and fly tipping.
21. The Council has met its statutory duties and Mr X should continue to report incidents of litter or fly tipping to the street cleansing team.
22. The Council cannot find its response to Mr X’s complaint of 21 March. However, this did not have a significant impact on Mr X because the Council had already dealt with the key issues he had raised. The Council dealt with all other complaints, both before and subsequent in good time.

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Final decision

I have completed my investigation. There is no fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman