The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s failure to collect waste bins due to industrial action. This is because we have no jurisdiction to investigate matters which affect all or most people in the Council’s area.
The complaint
Mrs X complains the Council has failed to collect her bins regularly.
She also complains that the Council have not met their duties under the Equality Act of 2010.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s bins have not been collected regularly 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.
She also says the Council have not met their Equality Act 2010 duties because she and her husband are elderly and disabled and therefore cannot take their bins to the local tip.
However, we cannot investigate this part of her complaint because we are not an appeal body. It is the courts who can decide whether the Council breached their Equality Act 2010 duties.
Final decision
We cannot investigate Mrs X’s complaint because the matter affects all or most people in her area.
Investigator's decision on behalf of the Ombudsman