Summary: We cannot investigate Mr X’s complaint about the Council’s failure to collect his household waste or his view the Council should resolve the industrial strike action. This is because the matters complained about affect all or most of the Council’s residents, and the law says we cannot investigate.

The complaint

1. Mr X complains the Council failed to collect his household waste and address the ongoing bin strikes in the Council’s area.
2. Mr X said the matter caused him frustration and distress.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X complained the Council failed to collect his household waste and failed to resolve the ongoing industrial strike action by refuse employees which is reason Mr X’s household waste was not collected.
8. The industrial strike action affects the waste collection for all or most of the people in the Council’s area. Consequently, the law says we cannot investigate.

Back to top

Final decision

9. We cannot investigate Mr X’s complaint because the matter complained about affects all or most of the people in the Council’s area.

Back to top

Investigator's decision on behalf of the Ombudsman