Summary: Mr B complains about the way the Council responded to his concerns about the location of glass recycling bins. Mr B says the debris is a risk to local children. The Ombudsman does not find fault with the Council.

The complaint

1. Mr B complains about the Council’s response to concerns he raised about the location of glass recycling bins. Mr B says the debris from these bins present a risk to children because the bins are located close to a Primary School, which his children attend.

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What I have investigated

2. I investigated Mr B’s complaint as detailed above.

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The Ombudsman’s role and powers

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 reviewed the information Mr B provided.
5. I made enquiries with the Council and considered the information it provided.
6. Mr B and the Council had the opportunity to comment on my draft decision.

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What I found

Background information

7. All glass recycling in Cherwell is carried out at ‘bring banks’. Bring banks are local recycling sites where residents can take items such as glass, cans, paper and textiles. There are over 100 sites across the district.
8. When the Council are deciding where to locate bring banks it takes several factors into consideration, including:
• Accessibility for both residents and vehicles used to empty the bins.
• Noise impact.
• Overhead power cables, which may restrict installation.
• Agreement from the landowner.
9. The bring banks subject to this investigation are located on a new development, which is not adopted by the Local Authority. Therefore, all the roads and communal areas are owned by the developers.
10. The current bring bank location was identified during the planning phase as it met the above criteria.
11. The bring banks are located in the ‘village square’ carpark at the centre of the development.

What happened

12. The permanent location for the bring banks was identified as a suitable location during the planning consultation process in 2016.
13. The bring banks were moved to the location in August 2017.
14. Between August 2017 and July 2019 there were seven service requests logged with the Council about the glass recycling bins at the bring bank location. Five of these were requests for the bins to be emptied. One was from Mr B raising a concern about the location.
15. In March 2019 Mr B contacted the Council with his concerns about the location of the bins.
16. He remained dissatisfied with the Council’s explanation and made a complaint in May 2019. The Council dealt with Mr B’s complaint at stage one and stage two of its complaints process.
17. In June 2019 Mr B complained to the Ombudsman.

The Council’s response

18. In response to my enquiries the Council says:
• It is important that sites are kept in good condition and that spillages by residents depositing glass in the bring banks are cleared up swiftly. Hence regular inspections are carried out.
• There is a primary school in the locality but the bring banks are some distance from the school entrance and the banks are located in the car park away from the school.
• There are a number of bring bank sites located in the same area as schools and the Council have had no problem with any of those sites.
• The site is proving popular with residents and has good usage and the Council does not believe it compromises the safety of local school children.
• It will continue to monitor the site and ensure it is maintained to a high standard and presents no risk to school children.
• There are no complaints or concerns about the location of these banks apart from the concerns of Mr B. The school have not raised any concerns about the bring banks.
• The Council has had over 20 years of experience of operating a bring bank system. The current site is well used by residents, the site is clean and tidy, it is inspected regularly.
19. The Council provided evidence of its risk assessments for this site. In September 2019 the Council updated its risk assessment to include a weekly inspection for glass around the bins at this site. This was as a result of Mr B’s concerns.
20. The Council also provided evidence of its inspection record for this site and photographs from three consecutive weeks.

My findings

21. There is no evidence of fault by the Council in how it considered Mr B’s concerns about the location of the glass recycling bins.
22. There have been several requests made for the glass bins to be emptied when they have become too full. The Council has taken prompt action in relation to each of these requests.
23. There have been no other concerns raised about the location of the bring banks. The Council reports the banks are well used and I can see from the consultation documents there were a variety of factors considered when the site was selected.
24. The bring banks are not located at a school. They are located at a public carpark in the centre of a housing development, where there are a variety of amenities. The school is nearby and there is a public footpath providing an access route to the school. I can see from the map and photographs of the site that there is no reason for anyone to walk in front of the bring banks in order to access the school.
25. The Council listened to Mr B’s complaint and acted to address his concerns by increasing its inspections and amending its risk assessment to reflect the potential risk from glass debris at the site.

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Final decision

26. I do not find fault in the way the Council responded to Mr B’s concerns about the location of the glass recycling bins.

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Investigator's decision on behalf of the Ombudsman