Summary: We will not investigate this complaint about the Council’s policy not to allow pedestrians or cyclists to access the main area of a waste recycling centre area. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained to the Council that its policy not to allow pedestrians and cyclists to access the main area of the waste recycling centre area is discriminatory to non-drivers.

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The Ombudsman’s role and powers

2. 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 or continue 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about its policy not to allow pedestrians and cyclists to access the main area of its waste recycling centre because he said it was discriminatory to non-drivers.
6. The Council did not uphold Mr X’s complaint and explained the policy was designed to keep pedestrians and cyclists safe as due to the busy traffic and location of the centre, allowing them to access the main area presented health and safety concerns. The Council informed Mr X it was considering extending the area pedestrians and cyclists were allowed to access but this was under review. Mr X brought this complaint to the Council as he was unhappy with the Council’s response.
7. The Ombudsman cannot criticise the merits of a decision the Council has made if it is made in line with the correct policy. The Council has provided well-reasoned decisions behind its policy and confirmed it is considering allowing pedestrians and cyclists to have more access to the centre. There is no evidence the Council’s policy is flawed or discriminatory, as it has been devised with health and safety in mind. An investigation would therefore be unlikely to find fault with the Council’s actions.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman