Summary: We cannot investigate this complaint about missed refuse collections during strike action. This is because it is a matter which affects all or most people in the Council’s area, and we cannot achieve the outcome the complainant is seeking.

The complaint

1. Mrs X complains about her refuse bins not being emptied during strike action. She thinks the Council should offer a council tax rebate.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We can investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. So, we do not start an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. And we cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

5. I considered information provided by Mrs X, and the Ombudsman’s Assessment Code.

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My assessment

6. With reference to paragraph 4 above, we cannot investigate Mrs X’s complaint because it is about a matter which affects all or most people in the Council’s area.
7. In addition, in law there is no link between the charge for/payment of council tax and the provision of services by the Council. We therefore cannot achieve the outcome Mrs X is seeking, as we would not recommend a council tax rebate for the missed collections.

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Final decision

8. We will not investigate Mrs X’s complaint because it is about a matter which affects all or most people in the Council’s area, and we cannot achieve the outcome she is seeking.

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Investigator's decision on behalf of the Ombudsman