Birmingham City Council (24 023 488)

Category : Environment and regulation > Refuse and recycling

Decision : Closed after initial enquiries

Decision date : 30 Apr 2025

The Ombudsman's final decision:

Summary: We cannot investigate Mr X’s complaint about missed refuse collections. This is because the issue stems from industrial strike action by the Council’s refuse collection crews and is a matter which affects all or most of the people in the Council’s area.

The complaint

  1. Mr X complains the Council has failed to provide basic waste collection services, creating a public health hazard. He says rubbish is piling up, attracting vermin and increasing the risk of disease. Mr X does not have access to a car and says he is unable to take his waste to a recycling centre.

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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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

  1. The Council’s refuse collection crews began industrial strike action in a dispute over changes to roles and pay in early 2025. This resulted in missed collections for a large proportion of the council’s residents and a backlog of reports which the Council has so far been unable to clear. Residents from across the city have reported rubbish building up locally with bins overflowing, rubbish on the streets, unpleasant odours and vermin.
  2. While I appreciate Mr X is unhappy that his bins have not been emptied, as he acknowledges in his complaint the strike action has affected the entire city. Mr X is affected = in the same way as ‘all or most’ of the residents in the Council’s area and the exclusion set out at Paragraph 3 therefore applies.

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Final decision

  1. 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.

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Investigator's decision on behalf of the Ombudsman

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