Kent County Council (18 016 237)

Category : Environment and regulation > Refuse and recycling

Decision : Not upheld

Decision date : 15 May 2019

The Ombudsman's final decision:

Summary: Mrs B complains that the Council refused to issue vouchers so she could visit a local recycling centre in her pickup truck. The Ombudsman has discontinued our investigation. The Council says it will look at a new vehicle voucher application from Mrs B if she chooses to submit one, so it is unlikely further investigation would lead to a different outcome.

The complaint

  1. The complainant, whom I refer to as Mrs B, complains that the Council has refused to issue vouchers which allow her to take her pickup truck to a local recycling centre. She says the Council refused because the truck is not the only vehicle in her household. However, she says she needs to use the truck because she is disabled and has difficulty getting in and out of her husband’s smaller vehicle.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if:
    • we believe it is unlikely further investigation will lead to a different outcome, or
    • we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, sections 24A(6) and 24A(7), as amended)

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How I considered this complaint

  1. I considered information from Mrs B and the Council. I wrote to Mrs B and the Council with my draft decision and gave them the opportunity to comment.

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What I found

  1. The Council will allow many vehicles to visit its recycling centres without restriction. However, it imposes restrictions on some vehicles, including vans and pickup trucks.
  2. If someone’s vehicle is restricted, they can apply for vouchers to visit a recycling centre. The Council will issue vouchers if the restricted vehicle is under two metres in height, weighs less than three and a half tonnes, and is the household’s sole vehicle.
  3. If someone is eligible for vouchers, they will receive 12 per calendar year.

What happened

  1. Mrs B applied for vouchers so she can take her pickup truck – which is less than two metres tall and weighs less than three and a half tonnes – to her local recycling centre.
  2. Mrs B told the Council that her truck is not the only vehicle in her household. However, she said her husband’s car has a low carrying capacity, and therefore is not suitable for visiting the recycling centre.
  3. The Council refused Mrs B’s application because her pickup truck is not the only vehicle in her household. She appealed, but the Council did not change its decision.
  4. Mrs B then submitted a complaint to the Council. In her complaint, she said she needs to use the pickup truck because she has a disability which means she struggles to get in and out of her husband’s car, which is much smaller.
  5. In response to Mrs B’s complaint, the Council agreed to issue six vouchers as a gesture of goodwill. However, it did not agree to issue regular vouchers. It did not comment on Mrs B’s disability.

Analysis

  1. The Council’s voucher scheme says it will not issue vouchers to the owner of a pickup truck if the truck is not the sole vehicle in the household.
  2. Mrs B’s pickup truck is not the sole vehicle in her household. However, she said in her complaint (after her application and appeal) that she is disabled, and needs the use of the pickup truck because it is larger and therefore she can get in and out more easily.
  3. The Council should have considered this issue, and its complaint response suggests that it did not so.
  4. However, I also note that Mrs B had the opportunity to bring her disability to the Council’s attention when she first applied for vouchers, but did not. It also appears that she has not provided evidence of her disability.
  5. The Council says it will consider a new voucher application from Mrs B if she submits one, and will consider any evidence she provides related to her disability.
  6. This is a satisfactory course of action, as it will give Mrs B the opportunity to provide information about how her disability makes it difficult for her to use a smaller vehicle.
  7. As a result, I do not consider that further consideration would lead to a different outcome, and I have discontinued my investigation.

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Final decision

  1. I have discontinued my investigation. The Council says it will look at a new application from Mrs B, so it is unlikely further investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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