A COUNCIL has been branded heartless after a disabled man and a woman on invalidity benefit became the first people in the borough to be fined for leaving their rubbish bags out.

Spina bifida sufferer Mark Kay, 28, of Beech Street, Accrington, and chronic asthmatic Mavis Pearson, 58, of the same street, say they have been penalised by Hyndburn Council because they are disabled and struggle to manage their rubbish.

Council leader Coun Peter Britcliffe has now pledged to treat each case on its individual merits and admits the authority was insensitive in this case. He promised it would 'never happen again'.

Mr Kay was this week ordered to pay a £50 fine and £100 costs after he pleaded guilty at Hyndburn Magistrates to permitting refuse to be deposited in his back street, while Mrs Pearson was told to pay a £50 fine and £30 costs for the same offence.

Mr Kay, who was born with his condition, has had to use a wheelchair some of the time since an accident two years ago, said: "It seems they're just picking on disabled people to get their tough message across."

Both residents, who live alone and say they struggle with the wheelie bins, say the fines and court costs would leave them in financial difficulty.

Mr Kay said he did not pay the fine because he disagreed with it and when he decided to pay he was told it was too late. Mrs Pearson said she had tried to pay it in instalments but was told the council would not accept this.

He said: "My friend put the bag out on the day he was meant to. I believe the bin men didn't come round. Then it was spotted by the officers.

"The council said the bin men did come round so when I saw I was not getting anywhere I decided to pay the fine, unfortunately they said I was too late."

Mrs Pearson said: "I think they are doing it just to make money, it doesn't make sense targeting me and Mark. They said this wasn't a lot of money but it is to us."

The prosecutions were the result of a 'zero tolerance' campaign launched in June to stop people leaving refuse bags out on any other day but collection day and not using their wheeled bins.

Twelve £50 fixed penalty notices have been issued, four have been paid to avoid prosecution for littering under section 87 and 88 of the Environmental Protection Act 1990 and five are being dealt with by solicitors before a summons is issued.

Mr Kay and Mrs Pearson were the first people to be prosecuted in court. A third -- Ahmed Al Ghouf, of Beech Street -- has had his prosecution for two counts of littering adjourned to October 6.

Action came after the council received complaints from residents in the Beech Street area. Council officers sent warning letters in June before inspecting the area.

Council leader Coun Peter Britcliffe said: "I will be looking into it because it is important there is a deterrent, people are demanding we take action.

"However whatever policy there is, you have to handle it sensitively and in these instances that has not been the case. Although it is right that we clean up the streets of Hyndburn we also have to be aware of people's circumstances and before we carry on court actions we offer avenues for this to be sorted out."

Opposition Coun Tim O'Kane said: "We don't condone anybody littering, but we don't want people to be made scapegoats either."

Magistrate Peter Jump said: "We feel that if there is anything the council can do accepting payments after a certain date they should, but that is up to them to do that."

Councillor Ann Scaife, Portfolio Holder for Cleansing and the Environment said: "Where people have genuine problems, they should get in touch with the council and we will be happy to help."

"Anyone facing difficulties should ring 01254 399988 so that suitable arrangements can be made for them to get assistance from the refuse collectors.

"We understand that people may have problems with putting out rubbish, and do offer help and assistance for those in need.

"The criminal law applies to all residents, regardless of ability, and we do expect everyone to play their part in cleaning up the borough.

"With regard to these cases, the Council prosecuted, as both parties committed an offence and as mentioned are not exempt from the law."