Summary: We will not investigate this complaint about the Council requiring van drivers to apply for a permit to use household waste and recycling centres. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains he was refused access to a Council household waste and recycling facility because he was driving a van. Mr B says this is his only vehicle and he was only trying to recycle one item. Mr B says the staff should have applied some common sense rather than tell him he needs to apply for a permit. Mr B considers the Council’s policy discriminates against him for only owning a van and not a car.

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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 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 B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has explained that it introduced a permit scheme for vans because of concerns about businesses depositing trade waste, which is not accepted at household waste and recycling sites.
6. This scheme allows residents who own a van to apply for a permit which allows twelve van visits to household waste and recycling sites each year. The Council has also explained that it did an Equality Impact Assessment before introducing this permit scheme.
7. The Council says this Assessment found the van permit scheme does not discriminate against any of the protected characteristics set out in the Equality Act 2010.
8. There is not enough evidence of fault to justify an investigation of Mr B’s complaint.
9. It is for the Council to decide how best to manage access to its household waste and recycling facilities. The Council has explained why it introduced the van permit scheme. Mr B must apply for a permit from the Council, but he and other van drivers are not prevented from using the Council’s household waste and recycling centres.
10. Mr B considers the Council should manage access to these sites differently. But, it is not the role of the Ombudsman to tell the Council how to operate these sites.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman