Eastbourne Borough Council (25 007 504)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 03 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr X’s assisted bin collections as there is insufficient evidence of fault to justify an investigation.
The complaint
- Mr X complained the Council has failed to correctly collect and return his bins as agreed with him.
- Mr X is seeking an apology and compensation from the Council.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained to the Council in May 2025 that the refuse team were not returning his bins to the location he had agreed with the Council.
- The Council apologised, spoke to the crews, had a crew return to replace the bin, added notes to Mr X’s record to let crews know where bins should be collected from and returned to, and which way the handles should face.
- Mr X complained again in June 2025 as his bin collection had been missed. The Council returned the following day and emptied the missed bins.
- Mr X said the complaint was not resolved and asked the Council to issue a further apology, to call him to discuss his complaint and to compensate him.
- The Council said the complaint had already been responded to in full so would not look at it again.
- Mr X has said the issues are ongoing, but the Council’s records do not support this.
- Mr X contacted the Council twice in July 2025 to say his bins had not been correctly returned to the agreed location.
- The first time, the Council confirmed the bin had been pulled out ready to be emptied but had not yet been emptied when Mr X called. It confirmed once the bin had been emptied, it was returned correctly.
- The second time, the Council returned to Mr X’s home and took photos to show the bins had been returned correctly.
- The Council has agreed with Mr X that it will collect and return his bins to a location near his front door.
- Although Mr X says the issues are ongoing, the Council records show no evidence the bins have not been returned correctly when emptied since May 2025.
- I have seen the Council are acting on Mr X’s reports when he says bins have not been returned and have ensured crews are aware of the agreement in place.
- I am satisfied the Council is doing what we would expect, and do not think we are likely to achieve any more than this even if we were to investigate Mr X’s complaint.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman