Southend-on-Sea City Council (25 027 929)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 05 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council wrongly decided his property was suitable for a new wheeled bin collection. There is not enough evidence of fault to justify an investigation.
The complaint
- Mr X complains about the Council’s decision to refuse his request to remain on sack collections for refuse and recycling.
- He says he designed his new kitchen around the previous type of collection and there is not room for him to divide rubbish into the three types now required by the Council.
- He wants to stay on the old, sack collection.
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. (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.
- The Council decided Mr X’s property was suitable for wheeled bins. Mr X asked for a review, but the Council maintained its decision.
- We will not investigate this complaint. The Council was entitled to change how it collected waste including the containers it provides to do so. Based on the evidence seen there is insufficient evidence of fault in how the Council implemented the changes to its waste collections, and so we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman