FT/EA/2024/0464 - [2025] UKFTT 01131 (GRC)

The Appellant made the request which is the subject of this appeal on 05 June 2023 in writing as follows [sic]:

“Im requesting to know how long bins belonging to [redacted property address] have been causing an obstruction on public highways which has caused me injury. This could either be via CCTV or even just a record written description which you should be able to do using the CCTV on the bin lorrys when theyre doing their rounds. I would like you to go back a month if possible from 29/05/2023 so start day would be 29/04/2023 ending 29/05/2023. The relevance of this is [redacted number of property] has been unoccupied for around a month therefore the bins wouldnt need to be out for collection unless the bins are rubbish themselves which I have been told theyre in which case the bin lorrys should have picked this rubbish up a long time before I had my accident.

I will attach an image of they type of bin provided by local council that im referring to, the bind does have there door number on it [redacted number of property] however depending on which angle the CCTV is facing at the time the bin lorry may not see this. The bins were located outside [redacted name] bar/nightclub in front of the fire exit door which again even if there were no rubbish to collect you would expect the staff working for Dorset waste to move them away from the fire door its a hazard”.

The Appellant sent a subsequent email to the Council later the same day, which stated:

“I would actually like to request cctv of the bins to see how they are being left aswel as a record to say if the bins were there or not on those dates I have already given as I know it’s either Dorset council or the owner of [redacted number of property] who is liable for my injuries as I have no dealings with the rubbish but yet iv ended up slipping on it”.

On 07 June 2023, the Insurance Team at the Council wrote to the Appellant stating:

“I can confirm we have viewed the CCTV footage and it does capture the incident. I believe you have requested the footage from the CCTV team and they are processing your request. The footage does not show the bins or how the bin lid came to be in the road”.

The Appellant sent a further email to the Council on 09 June 2023 which read:

“Iv just been told the date property [redacted number of property] bacame empty so could I get cctv from 20/04/23 till 29/05/23 if possible”.

The Council responded in writing to the Appellant’s request (which they dealt with under the Freedom of Information Act 2000) on 15 June 2023. Their response stated:

“We have viewed CCTV from the collection vehicle and our operatives do not touch or move the recycling boxes; as there was no material presented for collection; on the last occasion we passed by before the incident; the boxes were in the recess of the doorway not out on the pavement.

We would be unaware if the property is occupied or not and would not remove the boxes unless requested; we have since removed them following this report.

We would not provide a copy of the CCTV however we could arrange a suitable appointment for the you [sic] to come and view this at the depot if you so wish.

To arrange this please contact – [name and email address redacted]

We would not be liable for this incident as explained the boxes were not blocking the pavement when our vehicle last passed the address they were not left as an obstruction by our operatives”.

The Appellant sent a further email to the Council on 17 June 2023 which read:

“I have already made a request the reference number is DC/6109. Iv only been given a description of the last date of the bin collection before my accident which is 26/05/2023 however im sure I asked for at least a month prior to the accident and I told you why it was relevant so why am I only being given information on that 1 date? Im now also being told I need to arrange a viewing to see the cctv myself which is fine I can do that but as I have been told I cant physically have the cctv myself I will need a description of it as well and this should include if you can see the number [redacted number of property] on the bins cos thats whos bins theyre and it is on it depending on what way its facing I know this cos I have seen it myself. I need to see cctv from 20/04/2023 to 31/05/2023 when the bin lorry is driving down [redacted street address] as the property the bins are for the use for was unoccupied in this time period so if the bins were out it needs to be justified by the owner as to why. Please find attached a picture that clearly has the door number on the bin. Also can we get this done as soon as possible please cos I dont want to risk loosing any evidence”.

The Council closed the above request on 20 June 2023 as “not FOI/EIR”.

Following attempts made by the Appellant to arrange to view the CCTV footage, the Council contacted him on 04 July 2023 to make arrangements for him to do so. The Council also stated “We have investigated if there was any other CCTV footage as well as the one clip we have discussed; unfortunately the clip from the last collection day prior to the incident is the only recording we have”.