The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s lack of action on the complainant’s reports of sewerage pollution in a lake close to her home. There is not enough evidence of fault in the Council’s actions to justify an investigation.
The complaint
Miss X complains the Council failed to act on her reports of sewerage polluting a lake close to her home.
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 or continue 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))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X reported sewerage was polluting a lake close to her home.
The Council confirmed that it was not the responsible authority and told Miss X to contact the site developer or the local water company.
In its response to Miss X’s complaint, the Council says the developer had attended the site to fix the problem with support from the Environment Agency.
Miss X believes the Council should have taken responsibility for dealing with the matter. She says that if it does not deal with residential issues then why does she have to pay the Council.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s actions. It advised Miss X several times that it is not responsible for dealing with sewerage pollution of the lake. The Council referred her more than once to the developer and the local water company.
I understand Miss X’s questions why she must pay council tax. However, council tax is not a contract for services. It is a local tax that helps to pay for a wide range of public services in the Council’s area.
Investigator's decision on behalf of the Ombudsman