Summary: We will not investigate Mrs X’s complaint about her bins not being collected for months due to industrial strike action. This is because the matter she complains about affected all or most of the people in the Council’s area.

The complaint

1. Mrs X complains about industrial strike action which meant her bins had not been collected for months. She says this has caused unsanitary conditions in the area and wants a refund on her council tax.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s bins had not been collected due to industrial strike action. The strike was ended on 7 December, and bin collections resumed on 8 December.
7. The industrial strike action which caused the issues Mrs X complains about is something which affected all or most of the people living in the Council’s area. Therefore, the restriction detailed in paragraph three above applies, and we cannot investigate it.
8. Council tax is a tax, not a payment for a service. Under the law, there is no link between payment of council tax and the Council providing a service. Households must pay this tax even if services are disrupted or if services are not used. The law also does not allow for refund of council tax for disrupted services.

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Final decision

9. We will not investigate Mrs X’s complaint because the matter she complains about affected all or most of the people in the Council’s area.

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Investigator's decision on behalf of the Ombudsman