Under section 45 of the Environmental Protection Act 1990 a waste collection authority must arrange the collection of household waste in its area and generally cannot charge for it; if a council keeps failing, the route is its own complaints procedure first, then the Local Government and Social Care Ombudsman, which will not usually investigate one or two missed collections.

The legal duty to collect household waste

Section 45(1)(a) of the Environmental Protection Act 1990, which extends to England, Wales and Scotland, makes it the duty of each waste collection authority to arrange for the collection of household waste in its area. There are narrow exceptions, such as waste at a place the authority considers so isolated or inaccessible that collection cost would be unreasonably high. Under section 45(3), no charge can be made for collecting household waste except in cases prescribed in regulations, and in those cases the duty arises only once the waste is requested and a reasonable charge can be recovered. This guide concentrates on England.

What a council is still allowed to decide

The Ombudsman’s fact sheet on waste and refuse explains that councils can limit the number of bins they will collect, say where a bin must be placed, say what can and cannot go in it, and impose other rules provided they are not unreasonable and adequate notice has been given. It also explains that garden waste collection is a service a council can choose to provide and charge for. A missed collection is a service failure; a rule the householder dislikes is usually a policy choice. Households can compare their own council’s rules with the guide to bin notices and receptacles under sections 46 and 47.

Keeping a record of missed collections

The Ombudsman says records and photographs can be very helpful, so a simple log is worth keeping from the first miss. Useful entries are the date the collection was due, where and when the bin was presented, a dated photograph, and the date and reference of each report to the council. A log also shows whether misses are isolated or a pattern, which matters to the Ombudsman.

Complaining to the council first

The Ombudsman says a complaint should normally go to the council first, and that a council often has more than one stage, usually all completed before the Ombudsman will look. The Ombudsman’s Complaint Handling Code says councils should have no more than two stages and that the longest a complaint should take is 16 weeks; if there is no final response after that, the Ombudsman says it may be able to make enquiries. A complaint can be brought to the Ombudsman once the council has issued a final response, normally within 12 months of realising the council did something wrong.

When the Ombudsman will and will not get involved

The Ombudsman does not usually investigate complaints of one or two missed collections, does not expect councils to pay a financial remedy for a single missed collection or a limited number of them, and says councils do not give council tax refunds for missed collections. It may investigate a series of missed collections over a number of months, and may get involved sooner where assisted collections are being missed. It also says it cannot deal with a complaint about something that affects all or most people in a council’s area, so a complaint that a council has not yet introduced separate food waste collections under the 2026 Simpler Recycling changes is unlikely to be taken up (see the guide to household recycling collections in England from 31 March 2026).

Assisted collections and what a remedy can look like

Assisted collections are for residents who cannot place their bins out because of disability or mobility problems, with the crew collecting from wherever the bin is kept and returning it afterwards. The Ombudsman’s fact sheet describes a case where a council repeatedly failed to collect a resident’s waste under its assisted collection service. Two further collections were missed after the council added prompts to its in-cab technology, and the Ombudsman found the council at fault, noting that the resident had mobility issues and could not take the uncollected waste away herself. The council agreed to pay £200 for the stress and frustration and to make service improvements.

FAQs

How many missed collections before the Ombudsman will look?

There is no fixed number. The Ombudsman says it will not usually investigate one or two missed collections but may investigate a series over a number of months, and may act sooner for missed assisted collections.

Can I get a council tax refund for a missed bin?

The Ombudsman says councils do not give council tax refunds for missed collections and it does not expect them to.

Can a council charge me to collect household rubbish?

Section 45(3) of the Environmental Protection Act 1990 says no charge can be made for household waste collection except in cases prescribed by regulations. Garden waste collection is a service a council may choose to provide and charge for.

The bottom line

Councils must arrange to collect household waste and cannot generally charge for it, but they may set reasonable rules on bins and collection days. Missed collections should be reported and logged, a complaint made through the council’s own procedure, and the Ombudsman approached once a final response has been received and the problem is a pattern. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 25 September 2026:

• Local Government and Social Care Ombudsman, “Waste and refuse” (fact sheet, June 2026)
• legislation.gov.uk, “Environmental Protection Act 1990, section 45: Collection of controlled waste”

Related guides

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