The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Environment Agency dealt with reports of a leaking septic tank. We have no jurisdiction to consider the matters complained about.
The complaint
Mr X complained that a leaking septic tank was causing effluent to leak onto his driveway and the public highway. He said the Environment Agency (the Agency) had not taken action against the owner of the septic tank to resolve the matter.
The Ombudsman’s role and powers
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the Environment Agency unless it relates to flood defence. (Local Government Act 1974, sections 25 and 34(1), as amended).
How I considered this complaint
I considered information provided by the complainant and the Agency.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint about the Agency. That is because we have no jurisdiction to investigate the actions of the Agency unless it relates to flood defence.
Final decision
We will not investigate Mr X’s complaint because we have no jurisdiction to investigate the actions of the Environment Agency unless it relates to flood defence.
Investigator's decision on behalf of the Ombudsman