Summary: We will not investigate this complaint that the Council breached the complainant’s rights by searching his rubbish bags at a household waste and recycling centre. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says he was stopped and searched at the household waste and recycling centre. He says this breached his human rights and rights to privacy. He wants the Council to stop searching bags.

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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. Mr X complained to the Council that he was stopped and searched when he visited the centre. He said he had been discriminated against because he is white and said the Council breached the Human Rights Act.
5. In response the Council explained it must check the waste that people bring to the centre to ensure it is put into the correct skip and as much recyclable waste as possible is identified. It referred to the need to reduce waste going to landfill and the need to check if anyone has hazardous waste. The Council explained he was not stopped and searched as that is a specific police power. It said there was no evidence of discrimination as staff ask everyone questions about the waste they have brought to the centre and, if people do not respond, staff may check the bags later. The Council said there is no evidence of a breach of his human rights. The Council suggested Mr X use a confidential disposal service if he has sensitive waste to dispose of.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X objects to the Council asking questions about the waste he took the centre. He has not said what law he alleges the Council has broken nor has he provided evidence of how his human rights have been breached or evidence of discrimination. Based on the information I have seen there is nothing to suggest the Human Rights Act or the Equalities Act is relevant to this complaint.
7. The Council explained why it asks questions about the waste and stressed the importance of identifying recyclable and hazardous waste. There is nothing in the reasons given that suggest we need to start an investigation. The Council correctly explained that stop and search is a specific police power which does not apply and staff ask questions to identify the type of waste being left at the centre.

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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