Summary: We will not investigate this complaint about the Council’s decision to restrict access for certain classes of motor vehicle to its waste recycling centres. It is unlikely we would find fault in the Council’s actions, and we cannot achieve the outcome Mr X is looking for.

The complaint

1. Mr X says the Council is acting unfairly because it decided to restrict the number of times that drivers using ‘commercial like vehicles’ (CLVs) could visit its waste recycling centres. Mr X says this is unfair, because as a ‘non-commercial’ resident he is now penalised and wants parity with other residents who can use the centres freely.
2. Mr X wants the Council to implement a way to check on commercial use through an insurance database.

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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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X said he was unfairly penalised when the Council introduced a new policy restricting the number of times drivers of CLVs could use its waste centres.
7. In the complaint correspondence, the Council explained that it had introduced the new policy for the following reasons:
• To check only residents were using its waste facilities.
• To ensure any waste permits were being used lawfully.
• To discourage and limit unauthorised commercial use.
8. Mr X asked the Council, and then us, to consider whether the Council could introduce a method of checking whether a driver had private or commercial insurance as a workaround to his concerns. The Council explained why it did not believe this would achieve what it intended by introducing the new policy.
9. I have considered the Council’s replies to Mr X, and it is unlikely we would find fault in the Council’s decision making. Therefore, I cannot criticise its decision or tell it to change its policy in any case, and so I will not investigate this complaint.

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Final decision

10. We will not investigate this complaint because it is unlikely we would find fault and we cannot achieve the outcome Mr X is looking for.

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Investigator's decision on behalf of the Ombudsman