The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s policy on disposal of DIY waste at its household waste recycling centres. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
The complainant, Mr X, complains about the Council’s decision he cannot dispose of his bathroom suite at one of its household waste recycling centres in the way he would like. Mr X says the Council’s policy means it would take him several months to dispose of his DIY waste and he cannot renovate his bathroom until he has done so.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about the Council’s decision he cannot dispose of his DIY waste in several visits over a few days, outside of its policy.
The Council’s policy for disposal of DIY waste at its household waste recycling centres states up to two 50 litre bags of DIY type waste or one large item can be disposed of in a single visit with a maximum of four visits over a four week period.
The Council explained it made changes to its policy within the past year in line with government regulations on charging for disposing of DIY waste and that it would not agree Mr X’s request outside of the policy.
It signposted Mr X to other free and chargeable disposal options available to him locally. This included the option of requesting a bulky waste collection from the Borough Council.
We will not investigate this complaint. This is because whilst I acknowledge Mr X disagrees with the Council’s policy and its decision not to act outside of this, there is no sign of fault by the Council here. It is a matter for the Council to decide its household waste recycling centre policy. It has explained its decision and it has been made in line with its published policy. It is a decision the Council is entitled to make. We are not an appeal body and it is not our role to question the merits of a council’s decisions where, as here, there is no sign of fault in the way it was reached. The Council has explained the options available locally for disposing of his waste other than at the recycling centres. There is nothing further we could add to the responses the Council has already provided.
Final decision
We will not investigate Mr X’s complaint because there is no sign of fault by the Council.
Investigator's decision on behalf of the Ombudsman