Summary: We will not investigate this complaint about the Council’s waste recycling centre permit scheme. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B says the Council wrongly requires him to apply for a permit to use his only vehicle, a van, at the Council’s household waste recycling sites. Mr B says this limits the number of times he can use these sites and he has to pay for a permit, which is unfair.
2. Mr B says instead of using a permit scheme the Council should give staff discretion to look inside commercial-type vehicles to assess whether the waste is commercial or household. Alternatively, Mr B says permits should be free and there should not be a limit to the number of visits a resident can make.

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The Ombudsman’s role and powers

3. 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

4. I considered information provided by Mr B and information on the Council’s website.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council requires users of commercial type vehicles to apply for a permit to use the Council’s household waste recycling centres. The Council says it introduced this permit scheme to try to stop these sites being used for commercial waste.
7. A permit is valid for one vehicle for up to 12 visits or 12 months, whichever comes first. A resident can apply for up to two permits per year, allowing up to 24 visits. The Council charges a £20 administration fee for a permit.
8. It is for the Council to decide how best to manage access to its waste recycling centres. The Council’s policy does not prevent Mr B using these sites. It is not the role of the Ombudsman to tell the Council it should not operate a permit scheme or that the scheme should work differently. Other local authorities have introduced similar permit schemes to try to tackle the problem of these sites being used for commercial waste.
9. Council tax is a local property tax rather than a service charge. Payment of council tax does not entitle a resident access to any particular service the Council may provide for its residents.
10. So, there is not enough evidence of fault to justify an investigation into this complaint.

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Final decision

11. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman