Summary: Miss X complained about the Council’s service in providing bins for her property. Miss X said that she is on maternity pay and has limited income, so she cannot afford the costs of the bins. However, the Council has offered no alternative options. Since our investigation began, the Council provided bins to Miss X for free. However, we found the Council should apologise and amend its policy. It should make it clear the eligibility for those entitled to receive a free bin and to ensure that clear guidance is in place for its staff to consider this.

The complaint

1. Miss X complains about the Council’s service in providing bins for her property. She reports that after she moved into the property there were no bins. She says that she is on maternity pay and has limited income, so she cannot afford the costs of the bins. However, the Council has offered no alternative options.
2. This has impacted her and her family by having a build-up of waste which she has had to dispose of by herself.

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The Ombudsman’s role and powers

3. 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)
4. 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

5. I considered evidence provided by Miss X and the Council. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
6. I also considered the relevant law, policy and guidance as set out below. In addition, I have considered the Ombudsman’s published guidance on remedies.

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What I found

Refuse and recycling collections

7. 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.
8. Under Section 46 of the Environmental Protection Act 1990 it also states that ‘in making requirements under subsection (1) above the authority may, as respects the provision of the receptacles:
1. determine that they be provided by the authority free of charge;
2. propose that they be provided, if the occupier agrees, by the authority on payment by him of such a single payment or such periodical payments as he agrees with the authority:
3. require the occupier to provide them if he does not enter into an agreement under paragraph (b) above within a specified period; or
4. require the occupier to provide them.’
9. The Council’s policy on refuse and recycling states the circumstances for providing bins at no charge are when the bins have been damaged by the Council’s operatives or equipment during the collection process. It is also if the bin(s) are over 15 years old and at the end of their useful life.
10. The policy goes on to say that ‘charges for bins will be at an amount equal to the costs incurred by the council in purchasing and delivering the bin. Costs will be reviewed on an annual basis to reflect this. The decision to charge for a replacement bin may be reviewed, on a case-by-case basis, for households receiving means tested benefits. The decision to levy a charge or to waive it is at the sole discretion of the Council’.

11. The policy also goes on to say ‘where a householder requires a new or replacement bin, they are not obliged to buy it from the Council. They can make arrangements to purchase a bin elsewhere. However, in each case, replacement bins must be of the same size, colour and specification as those bins which would be supplied by the Council. The council retains ownership of the bins provided.’

Principles of good administrative practice

12. The Ombudsman published a document setting out principles of good administrative practice and what we expect to see from councils.
13. This document says councils should be open and clear about policies and procedures and use open and transparent criteria to support their decision making.

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What happened

14. Miss X made a complaint to the Council reporting that she had moved into the property, and it had no bins. She told the Council that she could not afford the cost for new bins as she was on maternity pay.
15. In its stage one response dated January 2025, the Council told Miss X that if there were no bins when she moved into the property, then she would have to buy them.
16. The Council in its stage 2 response dated February 2025 says, ‘a nominal charge applies in certain circumstances. Such as when bins are reported as lost or stolen, or for new tenants, new householders, and new homes.’
17. After the complaint came to the Ombudsman, the Council has decided to provide Miss X with the bins for free and has provided a picture of the bins outside her property to support this.

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Analysis

18. The Council does not appear to have considered Miss X’s personal circumstances in its response to her complaint. Its response suggests that it cannot provide bins for free and does not show that it has referenced its own policy or the legislation. This is fault.
19. The Council has subsequently provided an email which suggests that it provides bins free of charge in an informal way. It reports that it keeps some bins aside each year for residents who are struggling economically to buy one.
20. However, this informal process is not referenced fully in the Council’s policy neither has the Council shown that it has considered this until the complaint was escalated to the Ombudsman.
21. Subsequently Miss X has experienced distress from having no bins which could have been avoided. This is if the Council has shown consideration to both its informal policy and legislation at the time she first made a complaint. She has also had to spent further avoidable time in escalating and continuing this complaint.
22. I acknowledge the Council has now partially remedied this issue by providing bins to Miss X for free.

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Action

23. To remedy the remaining injustice caused by the above fault, within four weeks from the date of our final decision, the Council has agreed to:
1. apologise to Miss X for its failure to properly consider and assess the evidence she provided for her request for a bin. This apology should be in line with our guidance on making an effective apology
24. And within three months from the date of our final decision the Council should review its procedures for assessing whether someone is eligible for a free bin and make changes to ensure:
1. There are clear and transparent criteria for decisions.
2. There is clear guidance in place for officers making decisions, including how to check if the criteria have been met.
25. The Council should provide us with evidence it has complied with the above actions.

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Decision

26. I find fault causing injustice. The Council has agreed to the above actions to remedy the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman