The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to close two household waste recycling centres. This is because there is insufficient evidence of fault by the Council, and we cannot achieve the outcome the complainant would like.
The complaint
The complainant, whom I refer to as Mrs X, complains about the Council’s decision to close two household recycling centres. Mrs X wants the Council to keep at least one centre open.
The Ombudsman’s role and powers
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: we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and our Assessment Code.
My assessment
Mrs X complained to the Council about its decision to close two centres. In response, the Council explained it was facing significant financial challenges and a large increase in the cost of providing waste services. It said that in February, a meeting of the full council, had agreed a financial strategy which includes the emergency closure of three centres. It said it was planning to introduce some mobile provision in the affected areas and the closure was temporary pending a public consultation and review to consider long-term options.
Ms X says the closures mean she will have a much longer journey to a centre. She wants the Council to keep at least one site open.
I will not start an investigation because there is insufficient evidence of fault by the Council and it is not our role to overturn council decisions. The Council decided to make some temporary closures to save money. I appreciate the decision may be unwelcome but this was a decision the Council was entitled to make and we cannot interfere with the Council’s decision making process. In addition, the Council plans to introduce some mobile provision and will review long-term provision after a consultation. Mrs X can contribute to the public consultation or she could make representations to her local councillors.
I also will not investigate this complaint because we cannot achieve the outcome Mrs X would like. It is for the Council, not us, to decide how to organise its waste services and how to save money. We do not act as an appeal body and we cannot overturn the Council’s decision or say it must keep one centre open.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because we cannot achieve the outcome Mrs X wants.
Investigator's decision on behalf of the Ombudsman