Summary: We will not investigate this complaint about the legality of the Council’s waste collection guidance. We cannot make a decision on whether the Council’s or Mr X’s interpretation of the relevant law and guidance is correct. This is a matter for the courts.

The complaint

1. Mr X complains the Councils waste collection guidance contains states private waste collection services will not be accepted. He says the Planning Inspector has deemed this incorrect.
2. He wants the Ombudsman to require the Council to provide a clear legal explanation for its refusal to collect waste from the development he is building, detailing how it has determined the road to be "inaccessible" in accordance with the relevant legislation.

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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 further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X believes the Council’s waste collection guidance is incorrect. He wants the Ombudsman to require the Council to provide clear and legal rationale as to why it will not collect waste from a private road that has legally indemnified their liability and provided legal documents to allow unrestricted access to the private road.
7. The Council says it has obtained legal advice and is satisfied the guidance is
8. Mr X disagrees with this position. However, in making this complaint Mr X is, in effect, asking the Ombudsman to adjudicate on a disputed point of law. This is not our role. Our function is to consider complaints about administrative fault.

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Final decision

9. We will not investigate Mr X’s complaint because further investigation will not lead to a different outcome. We cannot make a decision on whether the Council’s or Mr X’s position on the Council’s waste collection guidance is correct. This is a matter for the courts.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman