Summary: We cannot investigate this complaint about the Council’s refuse and recycling policies because this issue affects all or most residents in the Council’s area.

The complaint

1. Mr B complains the Council is not operating fair and transparent refuse and recycling collection policies. Mr B says the Council: has an unfair bin replacement procedure which is not in line with an earlier policy; has not consulted with residents about service charge proposals; and, does not encourage residents to recycle.

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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 B.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. The issues Mr B complains about affect all residents in the Council’s area. We cannot investigate complaints which affect all or most of the people in a council’s area. This means we cannot investigate this complaint and have no discretion to start an investigation.

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Investigator's decision on behalf of the Ombudsman