Southend-on-Sea City Council (25 015 481)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 21 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about its handling of his appeal regarding the suitability of his property for its new wheeled bins and a delay collecting the bins following his successful appeal. An investigation would not lead to a different outcome.
The complaint
- Mr X complained the Council delivered new wheeled bins to his property before it had considered his appeal against the decision that his property was suitable for them. He says the Council upheld his appeal and agreed he could remain on sack collection but has delayed collecting the bins, putting his health and safety at risk and causing distress.
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 further investigation would not lead to a different outcome.
(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
- We will not investigate this complaint. The Council upheld Mr X’s appeal in October 2025 and agreed he can remain on sack collection. This is what Mr X wanted so an investigation would not lead to a different outcome.
- Mr X contacted the Council in February 2026 to say it had still not collected his bins. In response to my enquiries, the Council confirmed there had been an administrative error that had led to a delay. Following Mr X’s contact, it confirmed it had asked its contractor to collect the bins. It said it did not keep records when bins were collected but it had not received any further contact from Mr X, so it was likely they had now been collected. It said it had asked its contractor to check again, to ensure they had now been removed.
- We will not investigate this. Although I acknowledge the delay collecting the bins is likely to have caused Mr X some inconvenience and distress, the Council has now acted to ensure the bins are removed from his property. An investigation by us would not lead to a different outcome or achieve anything more.
Final decision
- We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome or achieve anything more.
Investigator's decision on behalf of the Ombudsman