Birmingham City Council (24 022 246)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 31 Mar 2025

The Ombudsman's final decision:

Summary: We cannot investigate Ms X’s complaint about the Council’s failure to collect waste bins for over five weeks. This is because we have no jurisdiction to investigate matters which affect all or most people in the Council’s area.

The complaint

  1. Ms X complains the Council did not collect her bins, and that of her neighbours for over five weeks due to industrial action. She also complains about the Council’s complaint handling.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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 information provided by Ms X.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Ms X’s bins have not been collected due to industrial action – an action affecting all or most people in her area. We have no jurisdiction to investigate any matter that affects all or most people in the Council’s area, so I cannot investigate Ms X’s complaint.
  2. It would not be a good use of public money to look at the Council’s complaint handling in isolation.

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Final decision

  1. We cannot investigate Ms X’s complaint because the matter affects all or most people in the Council’s area.

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Investigator's decision on behalf of the Ombudsman

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