The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council will not allow the complainant to use his sign-written van to take waste to the Household Waste and Recycling Centre. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council will not allow him to use his van to take waste to the Household Waste and Recycling Centre (HWRC) because the van is sign-written. He says this is unfair as he only uses the van to take household waste to the HWRC.
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 the Council. This includes the complaint correspondence and information about the van permit scheme. I also considered our Assessment Code.
My assessment
Vans need a permit to access the HWRC. Vans which are sign-written are ineligible for a permit.
Mr X made enquiries about a van permit. He uses the van for his business but would only take household waste to the HWRC. Mr X’s van is sign-written.
The Council said he is ineligible for a permit because his van is sign-written. Mr X disagrees with the decision.
I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says vans need a permit to enter the HWRC but some vans, including those that are sign-written, cannot have a permit and cannot be used to take waste to the centre. The Council’s decision reflects the policy so there is no reason to start an investigation.
I appreciate Mr X disagrees with the decision but we do not act as an appeal body. We can only intervene if there is fault in the way a council makes a decision and there is no suggestion of faut. Mr X could speak to his local councillors if he thinks the policy should be changed to allow sign-written vans to have permits. However, it would be for the Council, not us, to decide whether to change the policy.
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