Summary: We will not investigate Mr C’s complaint about the Council not allowing him to use his van at Council waste and recycling sites. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr C complains he has been denied access to the Council’s waste and recycling sites because he uses his van for his business. Mr C says this prevents him using a facility which his council tax pays for. Mr C would like the Council to operate a more inclusive scheme similar to other local authorities.

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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 C and information on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has a van permit system in place as part of its vehicle restrictions policy for access to its household waste recycling centres. The terms and conditions for the scheme say the Council will not issue a permit for a vehicle used for commercial, business or work activities. The Council says it introduced this scheme to tackle issues around trade abuse and to decrease waiting times and improve site safety.
6. We will not investigate Mr C’s complaint. This is because there is not enough evidence of fault to justify an investigation.
7. It is for the Council to decide how best to manage access to its waste and recycling centres. The Council has explained the reasons for its current policy. The Council has acted in line with its policy and has provided relevant signposting information to Mr C.
8. 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.
9. Mr C considers the Council should manage access to these sites differently. But, it is not the role of the Ombudsman to tell the Council how to operate these sites.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr C’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