Summary: We cannot investigate Mr X’s complaint about the Council’s failure to collect his household waste or the waste in his area. 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 complained the Council failed to collect his household waste in his area.
2. Mr X said the matter caused him frustration.

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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)

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How I considered this complaint

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

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My assessment

7. Mr X complained the Council failed to collect his household waste and about a build-up of waste outside his home which has not been collected.
8. There is ongoing industrial strike action which affects the waste collection for all or most of the people in the Council’s area. Consequently, the law says we cannot investigate. The reason Mr X’s waste is not being collected is too closely linked to the bin strikes.

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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.

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Investigator's decision on behalf of the Ombudsman