Summary: We cannot investigate this complaint about the council tax charge for 2023/24 and changes to the refuse collection service. This is because we cannot investigate an issue that affects most of the residents in a council area and we cannot alter the amount of council tax that is set each year.

The complaint

1. The complainant, whom I refer to as Mr X, complains his council tax has increased by 9% but the refuse collection service has halved. Mr X wants the council tax reduced or for refuse collections to be restored to the previous level.

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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 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)
4. We can decide whether to start an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

6. Each year the Council sets the council tax charge for the next financial year. The new charge can only be challenged in court. Council tax funds council services, including refuse collections. We have no power to reduce the council tax.
7. In March the Council moved from weekly refuse and recycling collections to alternate week collections.
8. Mr X complains his council tax has increased by 9% but the refuse services have been reduced by half. He refers to this as being fraud. Mr X wants the Council to restore weekly collections or reduce the council tax.
9. The law says we cannot investigate a complaint where the issues complained of affect all or most of the residents in a council area. The amount of council tax affects everyone liable to pay council tax and, in addition, the amount of council tax that is set can only be challenged in court. We have no power to ask a council to reduce the council tax.
10. In addition, everyone who has their waste and recycling collected is affected by the move to alternate collections. So, for the same reason, I cannot start an investigation.

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Final decision

11. We cannot investigate this complaint because the issues affect all or most of the people in the area and we cannot change the amount of council tax that has been set.

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Investigator's decision on behalf of the Ombudsman