The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot use his van to use the Household Waste and Recycling Centres. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council will not let him use the Household Waste and Recycling Centres (the Centre) because his only form of transport is a van registered to his business. Mr X wants to use the Centre to dispose of household and garden waste. Mr X wants the Council to allow him to use the Centre or give him another bin.
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 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and Council’s policy for access to the Centre. I also considered our Assessment Code.
My assessment
Mr X wants to use the Centre to dispose of household and garden waste. Mr X’s only form of a transport is a van which is registered to his business. The Council told Mr X he cannot use the Centre because he wants to use his van. The Council explained vans registered to businesses cannot use the Centres.
Mr X disagrees with the decision and says the Council is discriminating against small business owners.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The policy says that vans which do not comply with the van permit system cannot use the Centres. Vans must have a permit to use the Centres but vans registered to a business are not eligible for a permit. Mr X cannot use the Centre because his van is registered to his business. The Council’s decision reflects the policy so there is no reason to start an investigation.
We are not an appeal body and we cannot change or overturn a decision that someone disagrees with. If Mr X thinks the van permit system is wrong he could raise it as an issue with the Council or his local councillor.
Mr X has referred to having another bin. He could approach his district council about this but there is likely to be a charge for an additional garden waste bin.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman