Summary: We will not investigate this complaint about the way the Council decided to introduce wheeled bins and alternate weekly collections. He also complains the Council refused to meet him to discuss the matter. We cannot investigate matters which affect all or most people in a Council’s area. And we do not consider the Council to be at fault in refusing to meet the complainant.

The complaint

1. Mr X complains councillors were misled when they decided to move to wheeled bins and alternate weekly collections. He also says the Council refused to agree to meet him to discuss the matter.

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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 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 not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mr X including the Council’s responses to his complaint.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council carried out a consultation in 2023 and decided to move to fortnightly refuse collections with wheeled bins in 2024. Mr X complained to the Council about the surveys and method to support introducing wheeled bins. He said the report to councillors was misleading.
8. In response the Council confirmed it :
• carried out a public consultation; and
• assessed and mapped areas that were inappropriate for wheeled bins. Certain properties were visited to assess the suitability and residents contacted.
9. These actions were carried out before the Council introduced the wheeled bins and alternate collections.
10. The law says we cannot investigate any issue that affects all or most of the residents of a council area. The decision to introduce wheeled bins and alternate collections is a decision which affects the whole borough and not just Mr X. Therefore we cannot start an investigation.
11. Mr X also complains the Council refused his request for a meeting with the Chief Executive. The Council is not required to agree to such a meeting; therefore we cannot consider the refusal to be a fault.

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Final decision

12. We will not investigate Mr X’s complaint. We cannot consider complaints about decision which affect all or most of the residents of the Council’s area, and we do not consider there is evidence of fault in the Council’s decision to refuse a meeting with Mr X.

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Investigator's decision on behalf of the Ombudsman