The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s failure to empty his bins. This is because the issue stems from industrial strike action by the Council’s refuse collection crews and the strikes affect all or most of the people in the Council’s area.
The complaint
Mr X complains the Council has not collected his refuse or recycling for several weeks. He says his street is a mess and the build-up of rubbish causes hygiene and odour issues. He is also unhappy he is paying council tax for a service the Council has not provided.
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 Mr X and the Ombudsman’s Assessment Code.
Final decision
We cannot investigate or provide a remedy for any missed collections caused by the industrial action carried out by the Council’s refuse collection crews. This is because the strikes affects all or most of the people in the Council’s area and Mr X is affected in the same way as any other resident.
Investigator's decision on behalf of the Ombudsman