A DISABLED man has had part of a complaint upheld after he says binmen took photos of his house.

Charles Clapham, of Droitwich, believes binmen started taking pictures of his bins after he complained that they had not been returned to the correct place or collected at all.

Mr Clapham has myalgic encephalomyelitis or chronic fatigue syndrome (ME/CFS) and is signed off work indefinitely. His wife is disabled, suffering from Ehlers-Danlos syndrome (EDS), and also cannot put out the bins.

He consequently arranged for an assisted bin collection at his two-bedroom semi at a new Droitwich estate.

But after his complaint to Wychavon District Council, the 35-year-old father-of-two believes binmen may have been taking photos to prove they had returned his bins.

READ MORE: Rubbish from housing development clogs up brook 

READ MORE: Worcester schools closed because of strikes 

He argued this is a data breach - and has asked for copies of the photos from the council after he says filming took place on around five occasions. However, Wychavon District Council say they do not have any such photos. 

Want to stay up to date with all the latest news for your local area? It's easy, just sign up for our email newsletters here and all the important stories that matter to you will be delivered straight to your inbox.

The former lorry driver, who has driven bin lorries himself, said: "I started feeling like I was being harassed and intimidated. I said 'if you want to take pictures of the bin, take pictures of the bin but don't take pictures of the house."

He raised a complaint with the Information Commissioner's Office on January 23, arguing the council failed to respond to his subject access request in October 2022 and had not kept his personal data secure.

The ICO letter read: "We have considered the information available in relation to this complaint and we are of the view that Wychavon District Council has not complied with their Data Protection obligations.

"This is because you did not receive an appropriate response to your subject access request within the one-month statutory timeframe.

"We consider this to be an infringement of the legislation. Under the General Data Protection Regulations (GDPR), information must be provided without delay and at least within one calendar month (commencing on the day after receipt).

"This may be extended by a further two calendar months from the day after receipt for complex or numerous requests.

"However organisations need to let individuals know as soon as possible if they are going to need more time to reply.

"We have told them (Wychavon) they should now review your subject access request and ensure that they provide you with the appropriate response within seven calendar days."

Meesha Patel, Director of Legal and Governance for Wychavon District Council, said: “On 10 October 2022 we received a subject access request regarding footage and videos of an incident involving a dispute between the customer and a waste collection operative from our contractor FCC Environment.

“On 17 October 2022 we requested more information to help us clarify exactly what was being requested. We did not receive a response until 19 December 2022 when a further subject access request was made for all email correspondence from Wychavon and FCC Environment.

“We then processed the request but, due to the Christmas and New Year break, we informed the customer we were unable to provide the information until 30 January 2023. All relevant requested information held by Wychavon District Council was passed to the customer on 30 January 2023.

“We do not hold any photographs other than those provided by the customer and the footage requested is not held by Wychavon District Council or FCC Environment so falls outside the scope of the regulations. We do not hold any other information relating to this request.

“We are trying to clarify with the ICO why the complaint was upheld. We are confident other issues raised by the customer have been thoroughly investigated and a full and appropriate response has been issued.”

The former transport planner was signed off work in June 2021 and formally diagnosed last week (although there has been a working diagnosis since December 2021).

His symptoms can include being unsteady on his feet, short-term memory loss, and cognitive dysfunction and when he suffers a serious 'crash' it can leave him 'bed-bound' and 'in pain'.

A digital subscription is the best way to read the Worcester News online, as subscribers have unlimited access to news articles, with fewer ads and interruptions.

Subscribers can also enjoy monthly savings on big brands through the reader rewards scheme, as well as puzzles that can be played online.

Readers can subscribe for just £1 for the first month if they join before midnight on Wednesday, March 1, 2023.

Click here for further details.