Summary: Mr D complains the Council failed to fully consider relocating communal waste bins. I do not have contemporaneous evidence of how the Council assessed the site and considered Mr D’s request. I have upheld the complaint and asked the Council to carry out a new assessment, which it should document, and share its decision with Mr D.

The complaint

1. The complainant (whom I refer to as Mr D) says the Council has failed to fully consider relocating or changing the storage of communal waste bins located near his home. He says the bins attract fly-tipping.

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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 injustice, or that could cause injustice to others in future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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(1), as amended)

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What I have and have not investigated

4. I have considered events from January 2024 through to February 2025 when the Council issued its final stage complaint response.

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How I considered this complaint

5. I considered evidence provided by Mr D and the Council as well as relevant law, policy and guidance.
6. I shared my draft decision with both parties.

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What I found

What happened

7. In January 2024 Mr D reported fly-tipping next to the communal waste bins. The Council checked the site. Mr D reported another incident in February, and the Council noted it requested the waste be cleared the same day. In March a resident reported contaminated waste bins at the site which the Council removed. On 1 November Mr D told the Council about another fly-tipping incident. The Council checked CCTV at the site and subsequently confirmed to a Councillor the waste had been cleared. In December the Council inspected the site for fly-tipping and removed waste within three days. At the end of December Mr D asked the Council to remove waste around the communal bins.
8. The Council says the Estate Services Manager inspected the site on 7 January 2025. I have no record of that visit or assessment. The Council states the Officer assessed if the site or alternative nearby locations could be used for the bin storage. The Council says the Officer discussed the case with a Manager and decided there was no suitable alternative locations for the waste bins. On 10 January the Council wrote to Mr D that it had not found evidence of fault. A recycling bin had been contaminated, and the waste was removed. On 11 January the Council told Mr D that large waste bins could not be relocated. It would review CCTV footage to identify the perpetrators of recent fly-tipping.
9. Mr D asked the Council to escalate his complaint and reiterated he wanted the bins relocated. On 20 February the Council send its final complaint response. It said a lockable shed could not be installed at the site and the bins could not be moved away because there were no other suitable locations. It confirmed it had issued a fixed penalty notice on a fly-tipping perpetrator.

What should have happened

10. When the Council receives a request for communal waste bins to be relocated an Officer will visit the site and assess if there are viable alternative locations. The Officer should take into account the Council’s ‘design and construction of dwelling houses and residential areas for waste collection services policy’ which includes some of the requirements for storage of communal wheeled bins. The Officer will consider where it is possible to place a storage area near to the waste vehicle collection point that has room for the vehicle to reverse. If the Council finds there is no alternative viable location it should notify the resident, and it has no further duty to move the bins or amend the storage.
11. The Ombudsman expects councils to make clear records of assessments and to document decision making.

Was there fault by the Council

12. The Council says that it has visited the site and assessed whether the bins can be relocated. However I have no contemporaneous evidence to show what took place at the assessment or the subsequent case discussion between Officers. As such, I am unable to say whether the Council carried out an assessment in line with its procedures. Good practice would be for the Council to document the assessment and case discussion. In the absence of such evidence I cannot say the Council has adhered to its policy guidance and I find the Council at fault.

Did the fault cause an injustice

13. The failure to document the assessment process means Mr D is left uncertain about whether the assessment was properly conducted.

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Action

14. To remedy the injustice to Mr D the Council has agreed to carry out a new assessment of the site and ensure it is documented. It will then share the outcome of the assessment with Mr D.
15. The Council should provide us with evidence it has complied with the above actions within four weeks of this case closing.

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Decision

16. I find fault causing injustice.

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Investigator's decision on behalf of the Ombudsman