The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about the Council’s failure to collect waste bins for over five weeks. This is because we have no jurisdiction to investigate matters which affect all or most people in the Council’s area.
The complaint
Ms X complains the Council did not collect her bins, and that of her neighbours for over five weeks due to industrial action. She also complains about the Council’s complaint handling.
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 Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X’s bins have not been collected due to industrial action – an action affecting all or most people in her area. We have no jurisdiction to investigate any matter that affects all or most people in the Council’s area, so I cannot investigate Ms X’s complaint.
It would not be a good use of public money to look at the Council’s complaint handling in isolation.
Final decision
We cannot investigate Ms X’s complaint because the matter affects all or most people in the Council’s area.
Investigator's decision on behalf of the Ombudsman