Summary: The Ombudsman will not investigate Mr G’s complaint about the poor standard of behaviour of Council staff, its misleading information and refusal of entry into a Household Waste Recycling Centre using his van. This is because it is unlikely we could achieve more than the remedy the Council has already provided.

The complaint

1. Mr G says the Council gave him wrong information about dumping household waste at its recycling site using his van. Mr G also complains about the poor attitude and behaviour of the Council’s staff.

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The Ombudsman’s role and powers

2. 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 are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I have considered Mr G’s complaint and the Council’s responses to it. I issued a draft decision to Mr G and invited comments before I made my final decision.

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What I found

4. Mr G says his car had been off the road because of some electrical issues. Mr G contacted the Council to make enquiries about dropping off his household rubbish at the Local Recycling Centre using his other vehicle (a van). Mr G says he explained to the staff the van was a family vehicle with seats, seat belts and windows in the back. He says he explained the van was the only means of taking the rubbish to the tip and the staff advised Mr G he could do so.
5. Mr G says he took the rubbish to the tip using his van, but he was refused entry to the site. This was contrary to the information the Council gave him prior to his visit. Mr G says the staff were rude and called the police out to the site which he believes was unnecessary. Mr G says he was treated and made to feel like a criminal which was because of the staff incompetence.
6. The Council in its responses admitted there is some confusion around what qualifies as a van. It has apologised to Mr G for the misleading information he was given prior to his visit to the site. The Council confirms Mr G’s van requires a permit to access the Household Waste Recycling Centre, and permits are available free of charge to local residents. It says it will review its policies on vans’ entry to the site.
7. The Council says its staff contacted the police to calm the situation on the day because Mr G had refused to leave the site. It also confirms the matter has been addressed with its staff.
8. The role of the Ombudsman is to check the Council is applying the law and its policies correctly. The policies and requirements for van entry onto the recycling site are clearly set out on the Council’s website, and all vans need a permit. While the Council has accepted its staff gave Mr G the wrong, or incomplete information by telephone, it was open to Mr G to have checked the requirements online rather than telephoning. The Ombudsman could not know precisely what happened in the telephone discussion, so it is unlikely we could hold the Council wholly responsible for what happened.
9. Equally the Ombudsman could not know what happened when Mr G tried to visit the recycling site. The Council says Mr G refused to leave the site after being refused entry with his van, and that may explain why staff found it necessary to call the police to help. On balance, it is unlikely the Ombudsman could justify the use of public money to investigate Mr G’s complaint, and unlikely we could hold the Council responsible for the degree of injustice Mr G claims even if we did.
10. The Ombudsman will not investigate a complaint where we consider the remedy offered by the Council is suitable. It has apologised, committed to reviewing its policy to make it clearer, and addressed the actions of it staff with them. In this case, it is unlikely we would recommend anything more.

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Final decision

11. The Ombudsman will not investigate this complaint because it is unlikely we could achieve more than the remedy the Council has already provided.

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Investigator's decision on behalf of the Ombudsman