Summary: Mrs X complains about the way the Environment Agency has dealt with issues regarding a site used by its contractors. She complains about noise nuisance, anti-social behaviour, and planning enforcement. We have discontinued our investigation as we have no jurisdiction to investigate the complaint against the Environment Agency.

The complaint

1. Mrs X complains about the way the Environment Agency has dealt with issues regarding a site near her home which is used by its contractors. She complains about noise nuisance, anti-social behaviour, and contractors working outside site operating hours. She also complains about poor communication and the lack of consultation with residents over the use of the site.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about councils and certain other bodies. In the case of the Environment Agency we can only investigate matters in connection with flood defence and land drainage matters. (Local Government Act 1974, sections 25 and 34A, as amended)
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I spoke with Mrs X and considered the information she provided.
6. I considered the information provided by the Environment Agency.
7. I sent a draft decision to Mrs X and the Environment Agency and considered their comments.

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What I found

What happened

8. The Environment Agency are completing flood elevation works near to Mrs X. As part of these works, its contractors use a site near to Mrs X’s home address.
9. Mrs X complained to the Environment Agency about the conduct of the contractors using the site, the noise generated by the site, and that the contractors were operating beyond the site opening hours. She said this was causing disruption and meant it was not possible for her to enjoy her home.
10. Mrs X also complained the Environment Agency had not consulted residents on the use of the site or the layout of the site.

Analysis

11. The Ombudsman can only consider complaints against the Environment Agency about flood defences and land drainage.
12. It is acknowledged the contractors are working on flood elevation. However, Mrs X’s complaint to us is not about the works itself, or the impact of the works on flood defences or land drainage.
13. Instead, her complaint is about noise nuisance, anti-social behaviour, and planning enforcement. Therefore, the Ombudsman has no jurisdiction to consider this complaint against the Environment Agency and I will discontinue my investigation.
14. Noise nuisance, anti-social behaviour, and planning enforcement are matters which Mrs X’s local authority can consider. Mrs X said she had made a complaint to the local authority. Once Mrs X receives a final complaint response from the local authority, it is open to her to refer the complaint to the Ombudsman.

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Final decision

15. I have discontinued my investigation as we have no jurisdiction to investigate the complaint.

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Investigator's decision on behalf of the Ombudsman