The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to introduce an annual fee for collecting garden waste. This is because it is a decision taken by the Council that affects all or most of the people in the Council’s area.
The complaint
Mr X complained about the Council’s decision to introduce an annual fee of £70 to collect garden waste. Mr X said the Council made this decision without proper consultation and failed to communicate the decision to residents.
Mr X said because of this he did not have a meaningful opportunity to object and feels misled by the Council.
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 introduced an annual fee for collecting garden waste without proper consultation or communication about the change.
The Council said it consulted on the matter and received a petition about it and it considered this information alongside other material it had gathered.
On balance, I consider the decision made by the Council to charge this annual fee affects all or most of the people living in the Council’s area. Therefore, the law does not allow us to investigate this complaint.
Final decision
We cannot investigate Mr X’s complaint because the decision made by the Council affects all or most of the people in the Council’s area.
Investigator's decision on behalf of the Ombudsman