Summary: We will not investigate this complaint about Mr X’s neighbour’s septic tank. This is because there is no evidence to suggest fault by the Council.

The complaint

1. Mr X has complained to the Council about his neighbour’s non-compliant septic tank and says there should be enforcement of the provision of a new water treatment plant in accordance with building regulations.

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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 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council’s response to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X contacted the Council to complain about his neighbour’s non-complaint septic tank. The Council advised Mr X that his complaint was not for it but instead should be raised with the Environment Agency.
6. There is no evidence to suggest fault by the Council. It has correctly told Mr X his complaint is for the Environment Agency and given him details about how to raise it with that body.

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Final decision

7. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman