The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not accepting a complaint about changes in the use of the Waste and Recycling Centre. This is because there is insufficient evidence of fault by the Council and we cannot achieve the outcome the complainant would like.
The complaint
The complainant, whom I refer to as Mr X, disagrees with a new policy in relation to the Waste and Recycling Centre (the centre) and complains the Council will not accept a complaint about the new policy. Mr X wants the policy removed.
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, or we cannot achieve the outcome someone wants.
(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 the Council. This includes the complaint correspondence and email exchanges. I also considered Council polices and our Assessment Code.
My assessment
In December the Council Cabinet decided to implement a new policy allowing residents to dispose of a set amount of DIY waste (one large item or two fifty litre bags) for free at the centre. Under the previous policy the Council charged people to dispose of DIY waste. The new policy says residents must apply for a free permit to dispose of DIY waste; they can get a free permit every week and dispose of the set amount of DIY waste each week. There is a charge if residents want to dispose of DIY waste that exceeds the weekly limit.
Permits are not required if people are disposing non-DIY waste. The permit scheme for DIY waste is to deter trade waste; traders cannot dispose of DIY waste for free.
Mr X disagrees with the new policy. He says the Council should not impose any limit on the amount of waste he can take to the centre and he thinks the policy will promote fly tipping. Mr X objects to having to get a permit and complains about charges.
Mr X complained to the Council about the DIY policy. The Council explained it does not accept complaints which represent a disagreement with policy. The Council did, however, give Mr X information about why it had introduced the new policy and how it works.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council was entitled to introduce a new policy and it acted appropriately by explaining the new policy to Mr X and putting information on its website. I have not seen anything to suggest the new system is not operating in accordance with the policy and the Council told me Mr X obtained and used a permit.
The Council’s decision not to accept a complaint is consistent with the complaints policy because Mr X is disagreeing with the DIY policy rather than stating there has been a failure in how the service operates. The Council’s complaints team could not change the new policy because it was introduced following a decision made by the Cabinet.
I also will not investigate this complaint because we cannot achieve the outcome Mr X wants. We, like the complaints team, cannot change any Council policy because policy is set by the elected members (councillors). Mr X disagrees with some Council policies and would need to raise his concerns with local councillors. It would be for councillors to decide whether to change any policy.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and we cannot achieve the outcome Mr X would like.
Investigator's decision on behalf of the Ombudsman