Summary: We will not investigate this complaint about access to recycling centres in a van. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains that, as a van driver, he has limited access to the waste and recycling centres. Mr X wants equal access to car drivers.

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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 impact 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Van drivers can book to access nine of the Council’s recycling centres. Mr X drives a van and complained of a shortage of van booking slots. On the day he complained to the Council he said the first slot at his local centre was five days away. Mr X said he should have the same access as car drivers.
5. In response, the Council said it had been its policy, for several years, to restrict van drivers to the larger sites. It explained the reasons for this decision. It said most users are car drivers and system has been designed to cater more for them. The Council said there are usually van slots available within a few days, and slots can be booked up to a month in advance.
6. Mr X would prefer more booking slots for van drivers, and for car and van drivers to have equal access. But, the current system reflects the Council’s policy which we cannot change – however much Mr X may disagree with it. The Council is applying the policy correctly so there is no reason to start an investigation.
7. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with. As said above, we cannot change council policy but Mr X could approach his local councillors and explain why he thinks the Council should change the policy.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman