Summary: Miss X complained about the Council’s restriction of pedestrian access to a resale shop at a waste recycling centre. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Miss X, complained about the Council restricting her access to a shop which sells recycled items based at a waste recycling centre. She says it is unfair to limit access to cars and vans and she can no longer get to the shop after selling her car.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. 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 we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Miss X submitted with her complaint. I have also considered the Council’s response. Miss X has commented on a draft copy of my decision.

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What I found

4. Miss X says the Council told her that she could not use the access road to a waste recycling shop in her town on foot because there was no access to pedestrians. She says she has been using the shop for many years and that it is an important part of her hobby and social interests.
5. She complained to the Council and it confirmed that it could not allow pedestrian access along the road. The road is not a public highway and has no footway. It is used by vehicles accessing the waste site and a local council’s waste collection vehicles. The shop is not a part of the waste collection and deposit service and is not a public function.
6. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. in this case the Council limits the use of the private road to vehicles attending the waste site and it can restrict the use of the access to these users only.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman