Summary: We will not investigate Mr X’s complaint that his new van does not qualify for permits to access the Council’s household waste recycling centres. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision that his new van does not qualify for permits to access the Council’s household waste recycling centres because it weighs over 3000kg. Mr X says he is being discriminated against due to buying a new van and the Council’s policy is unfair. He is no longer able to access the site as it is his only vehicle but other Council Tax payers with cars are able to access the site as many times as they like.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has a permit system in place for vehicle access to its household waste recycling centres. Mr X applied for permits for his new van.
8. The Council told Mr X his new van did not meet the eligibility criteria for a permit because it weighs 3500kg. Vehicles over 3000kg gross vehicle weight do not qualify for a permit and are not allowed on site. It explained this is a policy decision which it could not change via the complaints process.
9. We will not investigate Mr X’s complaint. This is because, whilst I note Mr X disagrees with the Council’s decision and policy there is insufficient evidence of fault by the Council here to warrant an investigation. It is a matter for the Council to decide how to manage access to its recycling centres. The Council has refused Mr X’s permit application in line with the published criteria which clearly states that vehicles over 3000kg are not permitted on site and do not qualify for a permit.
10. Whilst I note Mr X’s comments about being a Council Tax payer, Council Tax is a local property tax rather than a service charge. Payment of Council Tax does not entitle a resident to access any particular service the Council may provide for residents. What is relevant is whether the eligibility criteria is met. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the process the Council followed to make its decision. There is no fault in how the Council reached its decision here as it made it in line with the published criteria.

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Final decision

11. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman