Summary: We cannot investigate Mr X’s complaint about the Council’s failure to collect waste bins due to industrial action. We have no jurisdiction to investigate matters which affect all or most people in the Council’s area.

The complaint

1. Mr X complains on behalf of Mr Y. He complains the Council has failed to collect Mr Y’s bins regularly despite his numerous requests. He also complains about the Council’s complaint handling.

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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)

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y’s bins have not been collected regularly due to industrial action – an action affecting all or most people in his area. We have no jurisdiction to investigate any matter that affects all or most people in the Council’s area. Therefore, I cannot investigate this complaint.
7. 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

8. We cannot investigate Mr 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