Summary: We will not investigate this complaint about missed refuse collections during strike action. This is because we cannot pursue matters which affect all or most people in the Council’s area, we cannot achieve the outcome the complainant is seeking, and there is not enough evidence of fault causing a significant personal justice with regard to the green waste collection service.

The complaint

1. Mr X complains about missed refuse collections during strike action.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome the complainant is seeking.

(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 the information provided by Mr X, and the Ombudsman’s Assessment Code.

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My assessment

6. The industrial strike action which disrupted the emptying of general waste and recycling bins is something which affected all or most of the people living in the Council’s area. Therefore, the restriction detailed in paragraph four above applies, and we cannot investigate this part of the complaint
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. Households must pay this tax even if services are disrupted or if services are not used. We therefore cannot achieve the outcome Mr X is seeking, as we would not recommend a council tax refund for these missed collections.
8. In relation to the green waste collection service, which Mr X subscribes to, the terms and conditions say the Council will not provide refunds where a failure to empty the bins is caused by events outside its control, including strikes or industrial action. So, there is not enough evidence of fault to justify investigating the refund Mr X thinks he should receive for three missed collections.
9. Furthermore, whilst I appreciate Mr X feels he has suffered financially due to services not rendered, I am not persuaded this personal injustice is so significant as to justify starting an investigation.

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Final decision

10. The Ombudsman has not investigated Mr X’s complaint because:
• the missed general waste and recycling collections is something which affected all or most people in the Council’s area,
• we could not achieve the outcome he is seeking, and
• there is not enough evidence of fault causing a significant personal injustice in relation to the green waste service.

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Investigator's decision on behalf of the Ombudsman