Summary: We will not investigate this complaint about how the Council has handled the result of industrial action by refuse workers. This is a complaint affecting all or most of the people in the Council’s area and does not affect the complainant more than anyone else.

The complaint

1. Mr Y says the Council has decided it will not collect any extra refuse once strike action is over. As a result, he says residents will need to use their cars to deliver any rubbish to the waste disposal sites the Council has set up temporarily.
2. Mr Y also says the Council will not accept any complaints regarding the industrial action.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 Mr Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y is complaining about issues that affect all the people living in his local area because the industrial action affects the whole Council area.
8. In any event, to mitigate the effect of strike action the Council has arranged eleven drop sites to which people can take their waste. We could not say it has failed to meet its general duty to arrange collection of household waste. (Environmental Protection Act 1990, section 45).
9. In cases where we do not investigate the matters in a complaint, we do not separately investigate the Council’s complaint handling process.

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Final decision

10. We will not investigate Mr Y’s complaint because the issues he is complaining about affect all or most of the people in the local area.

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Investigator's decision on behalf of the Ombudsman