Councils urged to take “proportionate, common-sense approach” to household waste offenders
The Local Government and Social Care Ombudsman (LGSCO) has urged councils to consider the “whole range of powers” available to them when tackling waste disposal issues, after finding examples of councils taking an “overly zealous approach” to enforcement.
Household waste offences take place when someone fails to comply with the local arrangements for the collection of household waste, and in doing so causes a nuisance or has a negative effect on the local area.
This might happen when someone leaves their bins or bin bags in the wrong place or on the wrong day.
In a new guidance document aimed at councils’ environmental services departments, the Ombudsman has advised councils to consider the “whole range of powers” available to them when tackling waste disposal issues.
These powers range from giving advice all the way up to prosecution, depending on the nature and severity of what has happened.
The LGSCO warned that it had recently found fault in some cases across London - particularly where people had left their rubbish out at the wrong time - and councils had taken an “overly zealous approach” to enforcement.
Amerdeep Somal, Local Government and Social Care Ombudsman, said: “Nobody wants to live in a messy environment strewn with litter, and councils have a difficult job keeping their areas clean and tidy, especially with increasingly limited resources. We recognise the challenges they face, particularly in urban areas, and the important role that enforcement has in helping ensure that local communities aren’t blighted by rubbish.”
“We are issuing this guidance to help other councils understand how we expect them to deal with issues in their area. […] We urge them to take a proportionate, common-sense approach, and expect them to think carefully about the various enforcement powers available to them when deciding which to use in each case.”
She continued: “We also expect councils to properly consider residents’ concerns if they make a complaint, and have a clear and accessible route to resolving them. Residents should not be left with the choice of simply paying up or facing prosecution.
“Similarly, where councils contract out their enforcement to private companies, we would expect there to be comparable mechanisms in place to ensure contractors act in a professional and proportionate manner, and the correct channels are made available if a resident wants to escalate their complaint, including clear information about how to raise complaints with the Ombudsman.”
The advice given in the guide includes details of the range of powers available to local authorities when seeking to deal with waste offences, along with the Ombudsman’s approach to complaints.
It also details a number of good practice recommendations for councils to use to “interrogate their own services”, said the watchdog.
The good practice recommendations include:
- Have a clear and accessible policy explaining householders’ duties around waste collection;
- Provide guidance to enforcement officers about using enforcement powers proportionately;
- Ensure officers properly record the reasons for their decisions to issue penalties under any power;
- Provide a clear complaints process for people to challenge fixed penalty notices;
- Have oversight of complaints about enforcement agents acting on their behalf.
Lottie Winson
