Summary: We cannot investigate Mr X’s complaint on behalf of a property management company about missed waste collections. Mr X is not complaining as a member of the public.

The complaint

1. Mr X complained on behalf of a property management company that the Council had failed to regularly collect waste from two properties it manages in its area. He says this has led to complaints from residents, reputational damage and financial loss.

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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 can only accept complaints from members of the public who claim to have suffered injustice, or from their authorised representative. This means we cannot accept complaints from those representing companies or organisations because they are not complaining as a member of the public. (Local Government Act 1974, section 26A, 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. Mr X complains on behalf of a property management company. We cannot investigate this complaint as he is not complaining as a member of the public. We can only investigate complaints made by a member of the public or by a person authorised to act on their behalf.

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Final decision

7. We cannot investigate Mr X’s complaint because he is not complaining as a member of the public.

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Investigator's decision on behalf of the Ombudsman