Newcastle upon Tyne City Council (18 011 367)

Category : Environment and regulation > Refuse and recycling

Decision : Not upheld

Decision date : 27 Jun 2019

The Ombudsman's final decision:

Summary: Mr B complained about issues to do with refuse collection at the block of flats where he lives. We cannot find fault with the actions of the Council.

The complaint

  1. Mr B complains that Newcastle upon Tyne City Council (the Council) in respect of the block of flats where he lives, has failed to provide sufficient recycling bins for the number of flats and has frequently missed collection exacerbating the problem.

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The Ombudsman’s role and powers

  1. 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)
  2. 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

  1. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. I have written to Mr B and the Council with my draft decision and considered their comments.

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What I found

  1. Mr B lives in a block of flats with a communal bin storage area. He has complained since 2014 about issues with the bins, including missed collections, insufficient bins and untidy bin area.
  2. In October 2018 the Council responded to his complaint which had been ongoing since July 2018. It said since February 2013 its records showed there had been eight reports of missing bin collections. In August 2018 it attended at the request of the landlord’s housing manager to clear an accumulation of rubbish which was preventing bin collections. The Council said the problem was mainly to do with residents misusing the bins and fly-tipping. It normally charges for extra service such as this.
  3. It also explained that it provided seven 1100 litre bins which was sufficient for the number of flats. But it further explained that it would normally provide four recycling containers and three general refuse but in cases of misuse, it may reduce the recycling bins and increase the general waste ones. It said it would review the mix of bins at Mr B’s block with the landlord, along with the frequency of collections.
  4. Mr B escalated his complaint to stage two. He disputed the figures the Council used for calculating the number of bins. He agreed that residents did misuse the bins but considered the refuse collectors also contributed to the mess and had missed collections. He also said the Council was responsible for collecting fly-tipped rubbish.
  5. The Council responded in January 2019. It said the landlord was responsible for residents’ misuse of containers, and the storage area, fly-tipping on private land and extra charges for resolving bin issues.
  6. It said it had had attended the flats in August 2018 (at the request of the landlord) to clear the bin shed, because the amount of rubbish was preventing the Council from clearing the bins. A manager had attended meetings on site in October and December 2018. He returned again at the beginning of January 2019 and found the bins were full but not overflowing. It had also arranged separate bins for three houses on the site. It said the number of bins for the site was correct.
  7. Mr B complained to the Ombudsman.
  8. The Council in response to my enquiries said it had visited the site at the end of May 2019 and confirmed there were six large general refuse bins, one large recycling bin, two small and one large glass bins.
  9. The old calculation produced a result of three small glass bins, one large refuse bins and two large recycling bins. With the new guidance is was: four small glass bins, three large refuse bins and four recycling bins. However, it explained where there was a problem with misuse of recycling bins it increased the number of general waste bins.
  10. The Council said it offered additional refuse containers to the landlord to deal with litter and excess refuse, but the storage area was too small. It suggested the landlord could install an additional hard standing or extend the bin storage area for an additional refuse container which would incur a charge. The landlord has not taken up either of these suggestions and did not wish to increase the frequency of collections as this would also incur a charge for residents.
  11. The Council has also provided photographs of the bin area showing bulky waste items such as sofas and bedframes left there and plastic bags of rubbish in the recycling. It considers this misuse is an issue for the landlord to resolve with residents. The landlord wrote to the residents on 30 May 2019 to remind them of how to dispose of rubbish correctly.

Analysis

  1. I understand Mr B has been frustrated for a number of years about issues with the bin storage and collection where he lives. However, on the basis of the evidence provided, I cannot find fault with the actions of the Council. It has explained how it calculated the number and mix of bins provided, visited the site on several occasions, liaised with the landlord and offered options for resolving the problem. It has only recorded eight missed collections in six years, which suggests this is not a systemic problem.
  2. The main issue appears to be misuse of the bins by residents placing the wrong type of rubbish in the recycling bins, fly-tipping bulky waste and other rubbish when the bins are full. I cannot conclude this situation is due to fault by the Council. Its responsibility is to empty the bins, not keep the storage area clean and free from rubbish.
  3. I note the landlord has recently reminded residents of their responsibilities with regard to refuse and I hope this results in some improvements to the situation

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Final decision

  1. I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the Council towards Mr B.

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Investigator's decision on behalf of the Ombudsman

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