Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot take bicycle tyres to the waste and recycling centre. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, accuses the Council of corruption because it claimed bicycle tyres are commercial waste which attract a charge disposal. Mr X wants an apology and for the Council to admit it cannot make a charge.

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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 X and the Council. This includes the complaint correspondence and the relevant legislation. I also considered our Assessment Code.

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My assessment

4. Mr X complained to the Council that it would not accept car tyres at the waste and recycling centre. Mr X accused the Council of bribery and corruption.
5. In response the Council explained it has a duty to accept, for free, household waste, but it regards car tyres as non-domestic waste. It provided Mr X with the legislation relied on to form this view. It also explained that most people change their car tyres at a garage or tyre fitter where the tyres are treated as commercial waste. The Council referred to its policy which says tyres cannot be taken to landfill and are not accepted at the recycling centres. The Council said people should take tyres to a garage or tyre centre and there may be a charge for disposal.
6. Mr X then referred to the disposal of bicycle tyres at the recycling centres. The Council confirmed people can take bicycle tyres to recycling centres. It asked Mr X to provide details if he had been refused disposal of a bike tyre. The Council says Mr X did not provide any details.
7. The Council said Mr X had not provided any evidence to support his allegation of corruption and bribery; it explained staff have followed the policy regarding the disposal of tyres.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council told Mr X he can dispose of bicycle tyres at the recycling centres and he has not provided the Council with evidence that disposal of bike tyres had been refused. If he has such evidence Mr X should provide it to the Council.
9. Mr X did not mention car tyres in his complaint to us. However, I have checked the legislation, EU directive, and the Council policy, and the Council’s position in relation to car tyres reflects the law and policy. As the Council is acting in accordance with its policy and procedures there is no reason to start an investigation.
10. Finally, Mr X has not provided any evidence of bribery, fraud or corruption.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman