The Ombudsman's final decision
Summary: We will not investigate this complaint about missed refuse collections during strike action. That is because there is not enough evidence of fault to justify our involvement.
The complaint
Mr X complained about missed refuse collections during strike action. He said the Council provided skips in certain areas and increased capacity at the recycling village, but as a disabled resident he could not access these additional resources. He said that meant he had less opportunity to get rid of refuse. He wants the Council to apologise for not considering disabled residents refuse needs during the strike action.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide: there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The law protects industrial action. That means the Council must ensure that any steps it takes to minimise the impact of industrial action, must comply with the law. The Council has provided additional skips and increased recycling capacity, however, it cannot by law engage additional workers to dispose of refuse. Therefore, we will not investigate this complaint; that is because there is not enough evidence of fault to justify our involvement.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman