The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s investigation of nuisance caused drainage from a neighbouring property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.
The complaint
Mrs X complained about the Council’s failure to take enforcement action against her neighbours whom she says have allowed waste water to drain onto her property for the past two and a half years.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says the Council did not properly investigate her complaints about waste water escaping into her garden. The Council has been involved with her complaints since 2022 and in January 2023 it closed its investigation following inconclusive tests to determine the source of the water. The Council advised her that it had not found evidence that the water was due to leaks on the neighbouring property so it could not serve any abatement notice without evidence.
Mrs X said she had video evidence that the water was from her neighbour’s land and so the Council conducted further dye tests in June 2023. Again, it could not establish evidence of leakage from the property. The provisions of the Environmental protection Act require councils to investigate complaints about statutory nuisance. If the Council’s officers do not identify a nuisance to be present they cannot take further abatement action. The Council advised Mrs X to seek a private legal remedy if she believes her neighbours are the cause of her claims.
We will not investigate this complaint which was received outside the normal 12-month period for accepting complaints. Mrs X made a formal complaint at the end of 2022 and the Council closed the case more than 12 months before she complained to us.
The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s investigation of nuisance caused drainage from a neighbouring property. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mrs X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman