Summary: Miss X complained about refuse workers emptying the contents of her neighbour’s bin into her own bin when they are being emptied. The Council’s contractor resolved the matter by visiting Miss X, apologising, feeding back to refuse workers, and providing a new bin. We find no fault as the matter was resolved quickly by the contractor and there is no ongoing issue.

The complaint

1. Miss X complained the London Borough of Lambeth’s (the Council’s) refuse collectors continue to empty other people’s refuse into her bin when they are being emptied. She says this puts her family at risk of infection/diseases and her bins are left filthy from other people’s waste. Miss X says she has complained about this several times over the years and despite being told things will change, it keeps happening.

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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. 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)
3. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
4. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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How I considered this complaint

5. I considered Miss X’s complaint, the Council’s responses, and photos taken by Miss X. I also discussed the complaint with Miss X.
6. Miss X, the Council, and the Council’s contractor (the Contractor) had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

7. In November 2023, Miss X saw care workers leave her neighbour’s house and throw away their aprons in the refuse bin. During the next refuse collection, Miss X watched refuse workers take this clinical waste from her neighbour’s bin and put it into her bin before emptying it into the bin lorry. Miss X said this left bodily fluids at the bottom of her bin.
8. Miss X made a formal complaint to the Council about what had happened. She asked for money to clean her bin and for the trouble and upset it caused. She also asked for the refuse workers to stop putting other people’s rubbish into her bin.
9. Miss X thinks that her neighbour’s refuse has been put into her bin every time for the last five to ten years. She says she complains about this every three to four months, either by making a formal complaint, reporting it, or calling the refuse team direct.
10. The Contractor says Miss X contacted it in February 2024 and April 2024. Both times, she saw refuse workers putting her neighbour’s refuse into her bin. A supervisor visited Miss X to talk about what was happening, and in April they decided to replace her bin.
11. The Council says it has only received one formal complaint from Miss X in the last five years, which was in November 2023. It apologised to Miss X and told her the refuse workers would be spoken to by their supervisor. It said it would monitor collections for a period of time, and it would give her a new bin.

My findings

12. Miss X said she complained many times over the years, but this differs from the information held by the Council and the Contractor. Miss X has not provided evidence of making regular complaints, therefore on the balance of probabilities I do not find fault in the Council’s complaint process.
13. The Contractor said there was no clinical waste collection arranged for Miss X’s neighbour, and no clinical waste was reported by refuse workers. Miss X confirmed the neighbour has since passed away and clinical waste is no longer a problem.
14. Miss X says the Council wrote to everyone in the area because it was changing bin collections to every two weeks and offered bigger bins if needed. Miss X asked for a bigger bin and feels the new bin has been used to remedy her complaint, even though they were offered to everyone anyway. In either case, I consider a new bin to be a suitable remedy.
15. Miss X told me she has seen refuse workers put her neighbour’s refuse in her bin once since she got her new bin in May 2024. She shared pictures from her doorbell camera. They show a refuse worker with two bins. The neighbour’s bin is open with a sealed bin bag on the floor. The worker picks up the bag, opens Miss X’s bin, and puts the bag inside. I do not find placing a sealed bin bag from another property into her bin fault. Even if it was, I do not find that this would have caused Miss X significant injustice.
16. I am satisfied the Council has taken reasonable and proportionate action to resolve the complaint and I find no ongoing fault or significant injustice that requires a remedy.

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Final decision

17. I have completed my investigation. I have not found fault in the actions of the Council which causes Miss X an injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman