The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that he cannot use the Council’s waste and recycling centre because his campervan is too tall for the height restriction in place. This is because there is not enough evidence of fault to justify an investigation.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has prevented him from using his local waste and recycling site because his campervan does not fit under the height barrier. Mr B says his campervan is his only vehicle and he is being denied a service which he pays council tax for. Mr B would like the Council to issue him with a permit so the barrier can be lifted when he enters the site.
The Ombudsman’s role and powers
The Ombudsman investigates 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))
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says its policy is to limit access to vehicles which are under 2 metres high. The Council says this is to stop oversized vehicles and vans which are often used to bring commercial waste to household waste and recycling sites. The Council previously provided trolleys for users of over-height vehicles who parked close to the site entrance. But, the Council says there was not a requirement to provide these, and they were also found to be unsafe.
We will not investigate Mr B’s complaint. This is because there is not enough evidence of fault to justify an investigation.
It is for the Council to decide how to manage access to the site. The Council has explained its policy and why the height restriction is in place. This is a decision for the Council to make. It is not our role to say the Council should have a different policy in place or provide permits to residents with larger vehicles.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman