The Ombudsman's final decision
Summary: We cannot investigate this complaint about proposed changes to the Council’s refuse collections. This is because the issue affects all or most residents in the Council’s area.
The complaint
Miss B complains about the Council’s proposal to change its refuse collections from weekly to fortnightly. Miss B says this will create a public health hazard and will result in more fly tipping and vermin. Miss B also complains about the Council’s handling of her complaint about this matter.
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 Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
Any change to the way the Council collects refuse affects all residents in the Council’s area. We cannot investigate complaints about matters 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.
Also, it is not a good use of public resources to investigate complaints about complaint handling, if we are unable to deal with the substantive issue. So, an investigation solely into the Council’s handling of Miss B’s complaint is not justified.
Final decision
We cannot investigate this complaint because the issue affects all or most residents in the Council’s area.
Investigator's decision on behalf of the Ombudsman