Summary: We will not investigate this complaint about the Council restricting access to its waste and recycling sites. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B says the Council has introduced restrictions on commercial-like vehicles accessing waste and recycling sites. Mr B complains the Council has wrongly applied this restriction to his double cab pickup vehicle, which is his only vehicle and is not used for commercial waste. Mr B says the courts have classed a double cab pickup as a car for tax purposes and the Council is wrong to treat it as a commercial-like vehicle. Mr B says he is now limited to twelve visits to the sites a year which is not enough.

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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), section 34(B))

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How I considered this complaint

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

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My assessment

5. It is for the Council to decide how best to manage access to its waste and recycling sites. The Council has introduced a restriction on commercial-like vehicles to try to stop such sites being used for commercial waste. But, the policy allows a resident with a restricted vehicle to visit these sites up to 12 times a year. Many other local authorities have introduced similar policies.
6. The Council’s decision to apply this restriction to Mr B’s vehicle is in line with the Council’s policy.
7. And, in response to Mr B’s complaint, the Council has explained the reasons for this policy and why the restriction applies to all types of pickup vehicle.
8. It is not our role to tell the Council it should operate this policy differently, for example by not applying this restriction to vehicles like Mr B’s vehicle.
9. So, there is not enough evidence of fault to justify an investigation into this complaint.

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Final decision

10. We will not investigate this 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