Summary: Mrs X complained the Council had destroyed her bin whilst she was staying at her parent’s address. We find the Council was at fault for failing to notify Mrs X before destroying the bin. This caused distress to Mrs X and her parents are without a bin. To address this injustice caused by fault we recommend the Council apologise, arrange for Mrs X’s parents to have a free bin and review its processes.

The complaint

1. The complainant, Mrs X, complains the Council had destroyed her bin. Mrs X said because of this she has had to spend time travelling to and from the tip to dispose of her rubbish. She also said the Council has failed to acknowledge the fact that this bin belonged to her as she had paid for it.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
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(i), as amended)

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How I considered this complaint

4. I considered all the information provided by Mrs X and the Council.
5. Mrs X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

The Council’s household waste policy

6. Households are provided with a 140-litre grey wheeled bin for residual domestic waste. Residents can request that the 140-litre grey wheeled bin be exchanged for a larger grey wheeled bin, free of charge, if they meet the criteria.
7. The circumstances for providing bins at no charge are:
• bins which have been damaged by council operatives or equipment during the collection process; and
• bins which are over 15 years old and at the end of their useful life.
8. The circumstances for charging for bins are:
• replacing lost bins;
• replacing stolen bins;
• replacing vandalised bins;
• replacing damaged bins (except those damaged by council operatives or equipment during the collection process;
• new bins for new properties (new developments); and
• new bins for new occupants of existing properties (e.g. where the previous occupant has taken the bins).
9. The Council will not give any householder a second bin for any waste type. When there is a second bin at one property only one bin will be emptied, unless other arrangements have been made with the Council in advance.

Summary of the key events

10. Mrs X purchased a 240-litre bin from the Council in November 2022 for £30. The invoice states this was a replacement domestic waste bin.
11. In February 2024, Mrs X has CCTV which shows the Council’s bin men destroying a darker coloured bin from Mrs X’s property.
12. Mrs X complained to the Council shortly after. She said:
• her and her family moved into her parent’s home temporarily due to a house fire. She said she brought her grey bin whilst staying there;
• the bin was 240-litres and paid for by her;
• since June 2023 the bin men have emptied this with no issues. But said the bin men destroyed this in February without warning. She said she only found this out from checking her cameras; and
• since the bin had been destroyed, she has had to take her rubbish to the tip.
13. In response the Council said bins damaged by the Council would be replaced at no cost. But it said bins are chargeable when the Council has not caused the damage. It said residents are provided with a 140-litre bin but can request a larger one for free if they meet the criteria.
14. In April 2024 the Council’s emails stated the CCTV video showed the bin being 140-litres which it said Mrs X was not entitled to. It said as per its policy all bins remain property of the Council and recovery of the bin was appropriate.

Analysis- was there fault by the Council causing injustice?

15. Mrs X paid for a bin in November 2022. She has provided evidence of this which states it was a 240-litre replacement bin. Her and her family later moved in with her parents due to a house fire at her address. Mrs X said she took her 240-litre bin to her parent’s address. This meant there were two bins at the address, Mrs X’s bin and her parents.
16. The Council’s policy states residents can request their 140-litre bin be exchanged for a larger bin if they meet the Council's criteria. But it does not allow for two bins to be at one property. When Mrs X moved in with her parents, it was down to her to contact the Council and make it aware of her situation. It then would have been down to the Council to consider whether it could regularise this arrangement.
17. Mrs X said the Council’s bin men had continued to empty both bins since June 2023, before destroying it in 2024. Whilst I acknowledge the Council does not allow for more than one bin at a property, the Council failed to give Mrs X any warning. The Council’s policy says where there is a second bin at one property, only one bin will be emptied. Therefore, the Council’s reaction of destroying the bin was not proportionate to the situation. It should have given Mrs X the opportunity to regularise the agreement. If she could not regularise it, she could have taken her bin back to her property and applied for a bigger one at her parent’s address.
18. I have seen the video evidence of the Council’s bin men destroying the bin. I have also seen pictures of the types of bins the Council provides. From reviewing both, the bin that was destroyed was smaller and darker in colour. From the pictures provided by the Council, this evidences the bin being the 140-litre bin. The 240-litre bin remained at the property.
19. Mrs X said she has been having to spend time taking her additional rubbish to the tip. But I do not consider this to be because of any fault by the Council. This is because Mrs X was never entitled to have two bins at the property where she was staying.
20. But I acknowledge that the 140-litre bin that was destroyed would have belonged to Mrs X’s parents. This means that when Mrs X returns home with her bin, her parents will no longer have one. I consider that the Council should provide Mrs X’s parents with one free bin when Mrs X moves back to her property. The size of this bin will be dependent on what criteria Mrs X’s parents meet. That will be a decision for the Council to make.

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Agreed action

21. To address the injustice caused by fault, within one month of my final decision, the Council has agreed to:
• apologise to Mrs X for not liaising with her before destroying the bin; and
• keep an open agreement with Mrs X and her parents to arrange for a free bin to be delivered to Mrs X’s parents when Mrs X moves back to her property. Mrs X or her parents will need to contact the Council before Mrs X is due to move back to make the request.
22. Within three months, the Council should review its current process in place for its bin men to be able to raise issues they come across when collecting bins. It should take this case into consideration when doing so. If there is not a system in place, the Council should consider implementing one.
23. The Council should provide us with evidence it has complied with the above actions.

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Final decision

24. There was fault by the Council. The actions the Council has agreed to remedy the injustice caused. I have completed my investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman