Summary: We have ended our investigation into Mr X’s complaint about the Council’s failure to agree to his request for a black sack collection. This is because Mr X has now issued court proceedings relating to the matter and the court is better placed to adjudicate on it.

The complaint

1. Mr X complains that the Council has failed to agree to his request for a black sack collection. He says this is not in accordance with its policy to allow residents to use black sacks where their property is not suitable for wheeled bins because, for example, it is more than 25 metres from the highway. Mr X says his property is more than 50 metres from the highway with steps to navigate.

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The Ombudsman’s role and powers

2. We 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. We do not start or continue an investigation if we decide there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Guidance on Jurisdiction.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. I made enquiries of the Council on 15 October 2024.
8. A few days later Mr X issued court proceedings against the Council. The statement of claim includes the matter raised in Mr X’s complaint to us. Accordingly, the court is better placed to consider the matter and further investigation by the Ombudsman is not warranted as we will not consider matters which have been raised in proceedings before the court. This is the case even if the proceedings do not provide a complete remedy for all the injustice claimed.

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Final decision

9. I have ended my investigation into Mr X’s complaint because the court is better placed to adjudicate on it.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman