Summary: Mr X complains the Council has not taken appropriate action to remove bins which block the pavement near his home. We find no fault with the Council.

The complaint

1. Mr X complains the Council has not taken appropriate action to remove bins and waste which block the pavement near his home.
2. Mr X says this causes him to walk in the road which causes him unnecessary stress.

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The Ombudsman’s role and powers

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)
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What should have happened

7. Councils have a duty under the Environmental Protection Act 1990 (the Act) to collect household waste and recycling from properties in their area. Collections do not need to be weekly, and councils can decide which receptacles people must use.
8. Section 33 of the Act gives councils the power to issue a Fixed Penalty Notice where it has reason to believe a person has committed a waste deposit offence, such as fly-tipping. 
9. Section 46A of the Act explains councils may issue written warnings where a person has failed to comply with its waste collection requirements.

What happened

10. Mr X complained to the Council that his neighbours’ bins obstruct the pavement near his home. The bins are used by households living above commercial businesses. Mr X told the Council he had identified some areas which could be used to store the bins off the pavement.
11. In March 2025, Mr X escalated his complaint to stage two. He sent the Council photographs of bins and some bagged waste on the pavement.
12. The Council liaised with the refuse area supervisor. It told Mr X there was no provision to store the bins off the public highway and so the container bins would remain on the pavement. It said it would write to each resident to inform them to keep refuse in their container bins only. It told residents it would consider reports of any other waste as fly-tipping, which is enforceable. It said it would visit the commercial businesses to remind them to dispose of their waste properly.
13. The Council told the Ombudsman the households above commercial businesses do not have space to store their bins. It told the Ombudsman the only available option is to use refuse sacks instead of container bins. It decided this would not resolve the issue because refuse sacks are likely to rip causing more litter. It confirmed it issued a reminder to the commercial businesses, and its enforcement team will monitor any further reports of fly-tipping.

Analysis

14. I am satisfied the Council considered Mr X’s reports with due seriousness and took appropriate action to address his concerns. The Council has shown consideration to all relevant information available and has liaised with relevant officers and evidenced proper consideration of available options. I find no fault in the Council’s decision-making and so I cannot criticise the outcome.

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Decision

15. I find no fault.

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Investigator's decision on behalf of the Ombudsman