The Ombudsman's final decision
Summary: We cannot investigate Mrs B’s complaint about the Council’s decision to move to three weekly general waste collections. This is because the issue affects all or most residents in the Council’s area.
The complaint
Mrs B complains about the Council’s decision to move from fortnightly to three weekly general waste collections. Mrs B says residents views have been misrepresented or dismissed during the decision-making process. Mrs B says all residents have been affected, particularly those who are vulnerable, have chronic health conditions, and families with young children. Mrs B would like the Council to go back to fortnightly collections.
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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
Apart from residents living in flats and houses in multiple occupation, this change to the Council’s refuse collection service affects all residents in the Council’s area.
We cannot investigate a complaint about something that affects all or most of the people in a council’s area.
This means we cannot investigate this complaint and have no discretion to start an investigation.
Final decision
We cannot investigate Mrs B’s complaint because the issue complained about affects all or most residents.
Investigator's decision on behalf of the Ombudsman