The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint that the Council failed to collect his household waste. This is because the matter relates to industrial strike action which affects all or most of the Council’s residents, and the law says we cannot investigate.
The complaint
Mr X complains the Council failed to collect his household waste.
Mr X said the matter caused him frustration and distress.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council failed to collect his household waste. The reason Mr X’s household waste was not collected was related to industrial strike action undertaken by Council employees.
The industrial strike action affects the waste collection for all or most of the people in the Council’s area. Consequently, the law says we cannot investigate Mr X’s complaint.
Final decision
We cannot investigate Mr X’s complaint because the matter complained about affects all or most of the people in the Council’s area.
Investigator's decision on behalf of the Ombudsman