COUNCILS across Britain could be forced to hand out extra wheelie bins after a landmark ruling.

Solicitor Roger Houlker has won a two-and-a-half year battle to prove he should have been allowed a second bin for his six-bedroom Cheshire home.

He had to endure vermin ripping open black bags in his garden - and make his own regular 12 mile trips to the dump - because bin men would only take bags from one 240-litre bin.

Congleton council insisted that should have been enough for the five-adult household.

Mr Houlker complained to the local government ombudsman, who has now criticised the council for failing to collect the extra waste.

The ruling could lead to a flood of appeals across the country against councils with similar one-bin-per-house rules.

Mr Houlker, of Swettenham, first complained to the council in February 2006.

They told him their policy was to issue one 240-litre bin, emptied once a week, for non-recyclable waste. He was also told his 'particular case' fitted those guidelines.

Town hall officials told Mr Houlker he was entitled to fill in an application form for a second bin - even though it was clear under the rules he would not qualify.

Mr Houlker refused, saying he was doing everything he could to recycle and claiming the council had a legal duty to pick up the extra waste.

In December 2007, ten months later, Mr Houlker complained to the ombudsman, claiming animals were ripping apart the bags. He said he was being forced to clean up the waste and take it to the tip in his car.

In March that year council officials finally went to his house. Mr Houlker agreed to apply for a second bin - but had no response six month later.

Maladministration with injustice

Ombudsman Anne Seex has now found the council guilty of `maladministration with injustice' for failing to collect the extra waste. She told the council to review its policy and said Mr Houlker should be given £250 for his `time, trouble and costs' in taking his own bin bags to the tip.

Ms Seex said councils were within their rights to limit the number of bins they issued. But she said cases should be tackled in the courts - and said she had `reservations' about whether bin men could simply refuse to pick up extra bags.

Mr Houlker said he was `grateful' for the `thorough and time consuming investigation'.

A spokesman for the Department for the Environment, Food and Rural Affairs (Defra) said councils should interpret the rules `reasonably'.

Congleton council confirmed it was reviewing its policies.

Rochdale council - which also has a one-bin rule for households of five or fewer - said it only issued extra bins after a `waste audit' of a property.

Bury council, which has a similar rule, said it would consider applications for extra bins on a `case-by-case basis'.

Salford said they already collected `side waste', while Manchester said it did not have a one-bin policy and gave extra bins `on request'.mike.keegan@men-news.co.uk