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Birmingham City Council (18 017 613)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 29 Mar 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Ms X’s complaint about missed bin collections. This is because the Ombudsman cannot investigate issues linked to industrial action.

The complaint

  1. The complainant, whom I shall call Ms X, complains about missed bin collections because of recent industrial action.

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The Ombudsman’s role and powers

  1. 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

  1. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave her the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

  1. Ms X complains about missed bin collections linked to industrial action in the city. She says the Council has promised fortnightly collections but they have not happened. Ms X says the street is unclean and people are leaving rubbish outside her home.
  2. The Ombudsman cannot investigate any complaint about missed collections resulting from industrial action; this is because it is an issue affecting all or most of the people in the city. It is therefore not subject to investigation as set out at paragraph 2.

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Final decision

  1. The Ombudsman will not investigate Ms X’s complaint. This is because the Ombudsman cannot investigate issues linked to industrial action that affect all or most of the people in the Council’s area.

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Investigator's decision on behalf of the Ombudsman

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