Southend-on-Sea City Council (25 018 035)
Category : Environment and regulation > Refuse and recycling
Decision : Upheld
Decision date : 29 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint that the Council wrongly placed wheelie bins for another property on her land. The Council has removed the bins. Therefore, there is nothing further we could meaningfully achieve that would warrant an investigation.
The complaint
- Ms X complains the Council fail to remove the wheeled refuse and recycling bins which were owned by one of the flats in her building but which were stored on her land.
- Ms X says this caused her unnecessary distress. She wants the Council to remove the bins.
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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2024 the Council approved changes to its waste collection service. It previously collected sacks but decided to replace this service with three wheeled bins per property. As part of the changes the Council said it would assess the suitability of every property in its area for a wheeled bin collection.
- The Council offered all households a right of review against its decision as an alternative to its complaints process.
- Initially the Council refused Ms X’s review. However, it subsequently overturned its decision and arranged for the wheelie bins to be removed from her land.
- We will not investigate this complaint. The Council has arranged for the bins to be removed. Further investigation would achieve nothing meaningful.
Final decision
- We will not investigate Ms X’s complaint because there is nothing further we could meaningfully achieve that would warrant an investigation
Investigator's decision on behalf of the Ombudsman