Summary: Mrs X complained about rubbish being dumped outside her property resulting in other people’s rubbish in her garden, and access from her garden being blocked. We find the Council at fault for failing to take adequate action, causing Mrs X ongoing inconvenience and distress. The Council has agreed to apologise and make a payment to Mrs X.

The complaint

1. Mrs X complained that changes the Council made to its refuse collection has resulted in rubbish being improperly left directly at the back and side of her property.
2. Mrs X says animals are tearing open the refuse sacks, causing rubbish to enter her garden which she is having to clean up frequently. She also says the refuse is blocking her garden door, preventing her from opening it and being able to take out her own rubbish. This is impacting her and her family’s enjoyment of their garden.
3. She wants the Council to consider installing CCTV or to change the collection location to prevent further issues.

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The Ombudsman’s role and powers

4. 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)
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)

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How I considered this complaint

6. I spoke to Mrs X and considered the information she provided.
7. Written enquiries of the Council were made. I considered its response along with relevant law and guidance.
8. I referred to the Ombudsman’s Guidance on Remedies, (a copy of which can be found on our website).
9. Mrs X and the Council 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

Relevant legislation

Household waste and recycling collections

10. Councils have a duty under the Environmental Protection Act 1990 to collect household waste and recycling from properties in their area. The collections do not have to be weekly and councils can decide the type of bins or boxes people must use.

Fly tipping

11. The Environmental Protection Act 1990 gives councils powers to require occupiers and landowners to remove waste unlawfully deposited on land (called ‘fly tipping’). Councils can investigate allegations of fly-tipping in various ways such as taking witness statements, visiting the location and voluntarily obtaining CCTV footage.
12. Depending on what the evidence shows, councils can decide to remove the fly tipped waste themselves or can issue formal notices requiring the person responsible to remove the waste. Councils should also consider taking action to prevent reoccurrence of problematic fly tipping.

What happened

13. In November 2023, the Council changed the refuse collection arrangements for Mrs X and her neighbours. Residents are now required to place their non-recyclable waste into black containers and leave them at the designated collection point on collection day. Previously, their non-recyclable waste was put into black sacks and placed at the collection point. The Council no longer collects any non-recyclable waste left outside the allocated containers.
14. Mrs X said that some of her neighbours are not placing their rubbish into the containers. Instead, they are leaving black refuse sacks behind her property and garage throughout the week, impacting the access to her property. The Council does not collect this waste as part of its refuse collection, as it has not been placed into the allocated container. To get the Council to remove the refuse sacks, Miss X has to report the black sacks as dumped rubbish. Between December 2023 and April 2024, Mrs X reported dumped rubbish behind her property on seven occasions.
15. In April 2024, Mrs X complained to the Council that some of her neighbours were fly tipping their rubbish behind her property. This led to animals tearing open the refuse sacks, spreading rubbish into her garden, which she then had to clean. She also said the refuse sacks are often left against her garden door, preventing her from taking out her own rubbish.
16. Later that month, the Council responded. It said it had received unprecedented levels of complaints about this issue across the borough. The Council explained it had inspected the area, delivered information to residents, and taken enforcement action against the residents responsible. It said it is clearing the sacks as quickly as possible, but as it does, more are added. The Council shared it has employed extra enforcement officers to undertake work relating to these issues.
17. In May 2024, Mrs X escalated her complaint to stage 2, as the problem was still happening. She told the Council that rubbish was now also being left at the side of her property, and some reported dumped rubbish had not been collected for almost a month.
18. Later that month, an enforcement officer visited the area and spoke to Mrs X to try to find out where the waste was coming from.
19. The next day, the Council provided its final response, upholding Mrs X’s complaint due to the time taken to remove the waste. The Council explained that it needs evidence from the rubbish itself or from witness statements to take enforcement action. Where it finds suitable evidence, the Council assured Mrs X that it would take appropriate action. The Council confirmed that evidence was found during the enforcement officer’s visit and an investigation would take place. It also said the dumped rubbish found would be cleared the same day.
20. Later that month, the Council sent a letter to Mrs X and her neighbours, stating it is aware rubbish and items are being dumped in the garage area which is not acceptable and must stop immediately. The letter provided contact details for the team managing the issue, inviting residents to contact it if they wished to discuss the matter further. Mrs X says she contacted the team via email and telephone but received no response.
21. Since receiving the letter, Mrs X has reported dumped rubbish a further nine times.
22. In response to my enquiries, the Council shared the dates Mrs X reported dumped rubbish and the actions it had taken following these. In June, it documented a referral to enforcement. When I enquired into this, the Council could not say what enforcement action had been considered. It was only able to tell me that enforcement officers had visited the area in May and August, two dates, neither of which were in June. The Council also shared that the officer who visited Mrs X in May no longer works for the organisation, and it does not know how the investigation was left. The Council shared it will continue to visit the areas around Mrs X’s property regularly.
23. The Council also shared that’s it is unable to install CCTV in urban areas like Mrs X’s neighbourhood. Even if it installed CCTV, it would only capture footage of someone dumping rubbish, but not where they came from or who they are, making it difficult to identify the individual(s) responsible.

My findings

24. Mrs X has consistently reported dumped rubbish to the Council since December 2023. The Council says it has visited the area 15 times, removed the rubbish, and taken enforcement action when able to identify those responsible. However, the Council is unable to provide evidence that supports the actions it says it has taken. This is fault.
25. The Council has confirmed officers will continue to patrol the areas around Mrs X’s property regularly. However, the Council has only recorded two visits to the area since April. This is neither regular nor sufficient to address the frequent reports Mrs X is making. The Council has not considered increasing the frequency of visits or scheduling visits around collection days to better assess the scale of the problem.
26. The Council acknowledged that its refuse collection arrangement is not working effectively. In August, it launched a borough-wide consultation on the current waste and recycling service and possible future changes. This closed at the end of September. The responses are being reviewed, with final proposals to be presented to Cabinet later this year.
27. The ongoing issue of dumped rubbish is having a significant impact on Mrs X and her family. The frequent presence of refuse behind her property, often blocking her access, has required her to repeatedly report the issue to the Council, adding to her frustration. Additionally, animals tearing open refuse sacks have caused further distress, as Mrs X must regularly clean up the mess left in her garden. Despite complaints and multiple reports over several months, the problem persists, with the Council’s response to the matter proving inadequate. While the Council cannot be held responsible for the inconsiderate actions of residents who dump the rubbish, it could have taken further action. The lack of timely action and effective solutions has caused unnecessary inconvenience, distress, and disruption to Mrs X’s daily life.

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Agreed action

28. To remedy the injustice caused by the above faults, within four weeks of the date of my final decision, the Council has agreed to:
1. apologise to Mrs X in line with our guidance on Making an effective apology;
2. pay Mrs X £200 in recognition of the distress and uncertainty; and
3. consider whether it is possible to collect all waste left at the designated collection point, including any outside the containers. This would prevent Mrs X from having to repeatedly report the dumped rubbish and the Council having to make additional trips to collect it.

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Final decision

29. I have completed my investigation. There was fault by the Council. The Council has agreed to the above action as a suitable remedy for the injustice caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman