The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s van permit scheme for its Household Waste Recycling Centres (HWRCs). This is because there is no evidence to suggest fault by the Council.
The complaint
The complainant, who I refer to as Mr X, complains about the Council’s van permit scheme for its HWRCs which limits private residents’ visits to the centres to 12 per year. He says he is being punished for being a house owner who owns a van and that he uses a centre in his locale to dispose of bags of rubbish he picks up as a volunteer litter picker.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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))
How I considered this complaint
I considered information provided by Mr X, including the Council’s response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council because he wishes to use his van to drive to a HWRC and dispose of rubbish more frequently than the 12 times a year limit allowed for by the Council’s free van permit scheme for private residents.
The Council responded by explaining the reasoning behind its policy and its wish to address abuse by commercial firms and businesses using the HWRCs when they should be using commercial waste sites where appropriate charges are paid.
While Mr X may not agree with the Council’s policy, it is not our role to act as a point of appeal. We cannot question the merits of decisions or policies made by councils and there is no evidence to suggest fault by the Council in its handling of this matter.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman