Summary: We will not investigate this complaint the Council’s Waste Collection Service wrongly drove on streets with weight restrictions. Further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council’s Waste Collection Service, had driven heavy goods vehicles (HGVs) on residential streets with weight restrictions, when they were not collecting rubbish. He said the Service also drove the HGVs to fast. Mr X said this put the public at risk. He wants the Council to tell the Service to stop using these roads as a cut through and to obey the speed limits.

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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 or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council at the end of 2024 about Waste Collection HGVs using residential streets with weight restrictions as a cut through. In response, the Council explained there were waste collections everyday in the area. However, it accepted on one occasion a driver had incorrectly entered an area where there was a restriction in place. It said it had reminded the driver of the restrictions in place.
6. The Council also explained that where there was a legitimate reason, vehicles over 7.5 tonnes could access the road. It said because of this, enforcement of the weight restriction was extremely difficult. It explained that it was not cost effective to install the type of cameras needed to enforce the weight restrictions.
7. Although Mr X is not happy with the Council’s response, we will not investigate his complaint. Firstly, the Council has provided a comprehensive response to his concerns. Further investigation by us would not lead to a different outcome.
8. Secondly, we will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation. We will not normally investigate a complaint where it is about something of general concern. Although I appreciate Mr X’s concerns about large vehicles accessing the streets, we would not consider this has caused him a significant injustice.

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Final decision

9. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman