The Ombudsman's final decision
Summary: We will not investigate this complaint about missed bin collections. The issues complained about affect all or most of the people in the local area.
The complaint
Mrs X says there have been numerous bin collections missed due to the ongoing strike.
She also says in May 2021 a bin lorry damaged internet equipment leaving numerous households without internet, collections have been missed due to lack of access to the road, and she considers a reduction in council tax is appropriate to compensate for not receiving services and having to meet the cost of disposing of their own waste.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X is complaining about issues that affect all the people living in her local area because the industrial action which has caused this affects the whole Council area.
In any event, to mitigate the effect of strike action the Council has arranged drop sites to which people can take their waste. We could not say it has failed to meet its general duty to arrange collection of household waste. (Environmental Protection Act 1990, section 45).
Any damage to telecommunications or internet equipment by bin lorries is a matter between the service provider and the Council.
The road where Mrs X lives is narrow but must be large enough to allow access to bin lorries providing vehicles are not parked obstructively. That is not, however, within the Council’s control.
In law there is no link between the charge for and payment of council tax on one hand, and the Council providing services on the other.
Final decision
We will not investigate Mr X’s complaint because at its heart is a matter affecting all or most of the people in the area. The other points of Mrs X’s complaint do not amount to evidence of council fault which would warrant our involvement.
Investigator's decision on behalf of the Ombudsman