The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about missed refuse collections resulting from strike action by the Council’s refuse collection crews. This is because the complaint is about an issue which affects all or most of the people in the Council’s area and the law does not allow us to investigate such matters. We will not investigate Mrs X’s complaint about the Council’s garden waste collection service because it is currently still on course to meet its commitment to provide at least 13 collections over the course of the season.
The complaint
The complainant, Mrs X, complains the Council has failed to collect her household waste due to strike action by its collection crews. She also complains about missed garden waste collections which she pays for separately. She wants the Council to do more to stop the strikes or use private contractors to re-start regular collections.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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
From time to time councils may be affected by industrial strike action by its employees or contractors. It is not for us to comment on the rights and wrongs of such action and we cannot say councils must give in to the demands of those who choose to strike.
The impact of the strikes on household waste (refuse and recycling) collections is an issue which affects all or most of the residents in the Council’s area and Mrs X is affected by it in the same way as any other resident. The exclusion set out at Paragraph 3 therefore applies and we cannot investigate the issue.
While I appreciate Mrs X is frustrated there is no entitlement to a refund of council tax simply because a resident does not use a service or where the council, for some reason, does not provide it.
Mrs X’s concerns about the Council’s garden waste collections fall within our jurisdiction but I have seen no good reasons to investigate them further. This is because the Council has confirmed the level of service provided is on course to meet that set out in the terms and conditions and any injustice caused by missed collections to date is not significant enough to warrant a remedy.
The collection season runs from 8 April to late November 2024 which allows for up to 17 collections per bin. The terms and conditions for the service refer to a minimum of 13 collections per bin and the Council confirms a maximum of two collections have been missed so far, depending on the area. Further strike action is currently on hold and services have resumed; the period remaining is such that the Council is currently on course to carry out between 15 and 17 collections per bin, which is still above the required 13. The Council has also explained that if further collections are affected and it is unable to complete at least 13 collections per bin it may extend the end of the season to meet this requirement. Mrs X should therefore receive the number of collections she is entitled to under the terms and conditions of the service.
Final decision
We cannot investigate Mrs X’s complaint about missed household waste collections. This is because it concerns an issue which affects all or most of the people in the Council’s area. We will not investigate Mrs X’s complaint about missed garden waste collections because it has not caused her significant injustice.
Investigator's decision on behalf of the Ombudsman