In a decision handed down on 22 February, tribunal judge I. Ord said that the resident who was issued the fine, Rukhsana Chaudary, “had a reasonable excuse not to comply with the respondent’s requirement” to used wheeled bins provided.
The Lancashire-based authority argued that it had delivered pamphlets to the resident’s property by hand and also had various leafleting and online campaigns about the changes.
However, the judge said Ms Chaudary is “elderly and has a limited understanding of English… so understandably, she does not attempt to read them due to her language difficulties, and throws them away”.
Furthermore, the judge said the street where the resident lived “had been on a different collection scheme to most other residents for many years”.
“Consequently, the appellant thought that she was doing no wrong by continuing with what she had always done. She had no intention of being defiant.”
The resident’s appeal was therefore successful.
Collections
The ruling outlined that for “many years” Ms Chaudary deposited waste at a collection point on her road.
In 2015, the council “formalised its waste policies including those relating to waste collection, and its enforcement policy”.
This set out the various wheeled bins that would be provided to residents for general waste and recycling, whilst allowing for a bag and box collection service for properties that could not accommodate wheeled bins.
However, the judge said there “is no evidence that the new waste policies were brought to the attention of the appellant and I find that she had no knowledge of them.”
Along with neighbours on her road, residents there “continued to deposit their waste in bags”.
Changes
In 2018, the council delivered blue and brown recycling bins to all properties throughout the borough, including the appellant’s property, the ruling outlined.
“It decided to bring all household waste collection in line with its wheeled bin service, meaning that it required residents to use the bins provided.”
In May 2018, a circular letter was produced by the council which said that the orange bag system would be replaced with a grey wheeled bin from July, and two further wheeled bins for recycling.
The ruling read: “The appellant says she never received a letter like this. Although her ability to understand English is limited, she said she had official letters translated for her by a member of the family. She did not have this letter translated for her.”
From 2018, while no more orange bags were delivered to the resident she, along with some of the other residents on her road, put black bags out for collection at the collection point outside her property. These bags were collected by HBC in the usual way, the judge outlined.
Under the particular circumstances of this case, the appellant had a reasonable excuse
FPN
In February last year, a council officer was on patrol and noticed several refuse bags outside the resident’s address.
“He searched through them and found waste in the name of Murad Choudrey and, from Council Tax records, he found that the appellant was the lead liable person at this address.”
A formal written warning was sent 1 February 2023, warning the resident that if she continued to do this, she may be issued with a fixed penalty notice.
She admits receiving this letter and at some point she gave it to her son to deal with, although the timing is unclear.
The officer said he had seen other households’ black bags placed out for collection, although he had not found evidence of who they belonged to and therefore could not enforce.
The fine, for an undisclosed amount, was issued on 5 April 2023 and from then onwards she has used the wheeled bins, the ruling outlined.
Under threat of court action, it added that she agreed to pay the penalty, which she has been doing in instalments but had appealed, which has been successful.
Subscribe for free