The Ombudsman's final decision
Summary: We will not investigate this complaint about changes the Council has made to its waste management strategy. This is because it is an issue that has affected all or most of the people in the Council’s area. We are unlikely to find fault in how the Council consulted about the changes.
The complaint
The complainant, who I will call Mr X, complains about changes that the Council have made to its waste management strategy. He says the reduction in collections has resulted in bins overflowing. Mr X says the Council did not properly consult with residents with disabilities.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate the Council’s decision to implement changes to its waste management strategy. This is because these changes affect all or most of the residents in the area. This therefore places the matter outside of our jurisdiction.
I will not investigate Mr X’s complaint that the Council failed to consider the views of disabled residents during its consultation period. This is because there is insufficient evidence of fault in how the Council dealt with the matter.
At the start of the process the Council carried out an Equality Impact Assessment which it reviewed throughout. At the end of the consultation process, results were analysed, and it recorded that there had been good engagement across all protected characteristics groups. From the evidence I have seen, the Council had due regard for its public sector equality duties during the consultation process.
Final decision
We will not investigate Mr X’s complaint because changes to the Council’s waste management strategy affect all or most of the people in its area. Also, there is no evidence of fault in how the Council carried out its consultation process,
Investigator's decision on behalf of the Ombudsman