South Tyneside Metropolitan Borough Council (24 004 427)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 28 Jul 2024
The Ombudsman's final decision:
Summary: We cannot investigate Mrs X’s complaint about missed refuse collections resulting from strike action by the Council’s refuse collection crews. This is because the complaint is about an issue which affects all or most of the people in the Council’s area and the law does not allow us to investigate such matters.
The complaint
- The complainant, Mrs X, complains the Council has failed to collect her household waste due to strike action by its collection crews. She believes the Council should do more to resolve the issues in order to end the strikes.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully.
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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)
How I considered this complaint
- I considered information provided by Mrs X and the Ombudsman’s Assessment Code.
My assessment
- From time to time councils may be affected by industrial strike action by its employees or contractors. It is not for us to comment on the rights and wrongs of such action and we cannot say councils must give in to the demands of those who choose to strike.
- The strike in this case affects all or most of the residents in the Council’s area and Mrs X is affected by it in the same way as any other resident. The exclusion set out at Paragraph 3 therefore applies.
- The Council has also recently confirmed the union representing the refuse collection crews have voted to end any further industrial action so normal service will resume. There is therefore nothing further we could achieve for Mrs X.
Final decision
- We cannot investigate this complaint. This is because it is about an issue which affects all or most of the people in the Council’s area.
Investigator's decision on behalf of the Ombudsman