The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council will not allow the complainant to use its waste and recycling centre in a company van. This is because there is insufficient evidence of fault, and we cannot achieve the outcome the complainant seeks.
The complaint
The complainant, who I will call Mr X, complains that the Council are preventing him from using his company van to a access its waste and recycling centre. Mr X says the Council’s decision means he instead has to make multiple trips to the centre in his car.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
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 Council’s policy for the disposing of household waste at its recycling and waste centres allows for privately owned vans to be used, if they have a valid permit. The policy does not however allow company vehicles to be used.
I will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome he seeks, which is for the policy to be changed.
It is for the Council to decide how to manage access to its centres. The Council has explained its policy and why the restrictions are in place. These are decisions councils are entitled to make. It is not our role to say the Council should have a different policy in place to allow those with company vans to access their centres.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault and we cannot achieve the outcome he seeks.
Investigator's decision on behalf of the Ombudsman