Summary: We will not investigate this complaint about a van permit to use the Household Waste and Recycling Centre. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council will not let him have an annual permit so he can take garden and recycling waste to the waste and recycling centre. He says the Council is treating him badly because he has a van. Mr X wants an annual permit for waste and recycling.

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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 rules about the permits. I also considered our Assessment Code.

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My assessment

4. There are rules which restrict the use of vans in the recycling centres. The rules are designed to stop people taking trade waste to the centres.
5. Mr X has a van which he uses for his business. He also has a car. Mr X used to have an annual permit which allowed unlimited visits in the van to take recycling and garden waste to the centre. The Council withdrew it in 2023 because it received reports that a third party had used Mr X’s van to dispose of trade waste. The Council withdrew the annual permit but said Mr X could have a permit which allowed one visit a month. The Council said Mr X could take unrestricted waste to the centre in his car.
6. Mr X continued to ask for an annual permit. In 2024 the Council made a discretionary decision to issue an annual permit for garden waste. This was after Mr X said he has a large garden which generates too much garden waste for his car.
7. Mr X wants the Council to issue a full annual permit. He also complains the Council said he cannot lend his van to other people.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. There are rules which restrict the use of vans and the Council has implemented these rules in relation to Mr X and his van. Mr X can have unrestricted access if he uses his car, and he did have an annual permit for recycling. But, the Council withdrew this after it received reports that the van had been used for trade waste. I do not know how the van was being used but there is nothing to suggest fault in the Council’s decision to remove the permit.
9. Further, the Council listened to Mr X’s comments about garden waste and, having exercised discretion, issued an annual permit for garden waste only. I appreciate Mr X remains dissatisfied but as there is no suggestion of fault we cannot intervene.
10. The Council has not said other people cannot drive Mr X’s van but that the permit, in conjunction with the van, can only be used by Mr X.

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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