Lincolnshire County Council (21 007 388)
Category : Environment and regulation > Refuse and recycling
Decision : Not upheld
Decision date : 09 Feb 2022
The Ombudsman's final decision:
Summary: Mr B complained the Council had changed the arrangements at waste disposal sites which meant he could no longer access them as his vehicle was too tall. He said this meant he could not correctly dispose of various items of household waste which cannot be placed for kerbside collection. There was no fault by the Council.
The complaint
- I call the complainant Mr B. He complained the Council changed the arrangements at waste disposal sites which meant he could no longer access them as his vehicle was too tall. He said this meant he could not correctly dispose of various items of household waste which cannot be placed for kerbside collection.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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. (Local Government Act 1974, section 34(3), as amended)
- If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
- I considered the complaint and documents provided by Mr B and spoke to him I asked the Council to comment on the complaint and provide information. I sent a draft of this statement to Mr B and the Council and considered their comments.
What I found
- There are height barriers at the Council’s waste disposal site. Mr B’s vehicle is higher than the barrier. There used to be a parking area for over-height vehicles at the site. Users could then transfer their waste and recycling to trolleys and then dispose of it appropriately.
- The Council removed the parking area for over-height vehicles and trolleys in March 2020.
- The Council said that the decision to remove the parking area and trolley system was an operational decision made because of safety concerns about people wheeling trolleys round the site.
- The Council is entitled to change the way it operates its sites. It can place restrictions on the types of vehicles that enter; that is not fault. I understand Mr B’s concern that he cannot dispose of certain items of waste correctly because he cannot access the site in his vehicle. But there is no requirement on the Council to do more in terms of the waste and recycling facilities it provides.
Final decision
- There was no fault by the Council
Investigator's decision on behalf of the Ombudsman