Summary: Ms X complains about the Council’s handling of matters concerning the storage of gas cylinders at a property near her home. We will not investigate the complaint because an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Ms X, says the Council refuses to take responsibility for health and safety issues concerning the storage of gas cylinders at a property near her home, has given inaccurate information and has no understanding of the relevant legislation. She says its errors date back to 2002 and that the presence of the cylinders has caused much stress and should be removed.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.( Local Government Act 1974, section 24A(6), as amended)

3. 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)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision.

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What I found

5. At the beginning of 2020, Ms X complained to the Council on her behalf and that of other residents about the Council’s handling of complaints made to it concerning the storage of gas cylinders at a property close to their homes at which some commercial activity takes place.
6. She complained the Council had failed to take responsibility for the monitoring and supervision of gas cylinders in a residential area and that their continued presence created an ongoing risk to person and property.
7. The Council responded at the two stages of its complaints procedure. It explained its role and powers under the existing legislation and regulations and that the Health and Safety Executive (HSE) had become involved and that body had served a notice of contravention to the owners and issued guidance to ensure the storage of the cylinders met HSE regulations. It said the HSE had satisfied itself that no further action was needed and that the cylinders were being stored safely.

Assessment

8. The restriction highlighted at paragraph 3 of this statement applies to the part of Ms X’s complaint which concerns the Council’s handling of complaints made by residents about the gas cylinders dating back to 2002. It is too late to look at these events now as they fall outside our jurisdiction due to the passage of time and I see no grounds which warrant exercising discretion to investigate them now.
9. The Council responded appropriately to the current concerns raised about the cylinders in 2020 and advised Ms X that their quantity would be considered as part of a planning enforcement investigation about the use of the premises. The HSE has been involved and assessed the situation and taken the action it thinks appropriate under the powers it has. An investigation by the Ombudsman is unlikely to lead to a different outcome and the remedy Ms X seeks in asking that the Council indemnify residents for any uninsured loss of property and personal injury, including compensation for any increase in their insurance premiums, is not one we would propose even if we investigated and found fault.
10. Ms X has also complained about how her complaint was dealt with by the Planning Service rather than Environmental Health but I do not consider a complaint investigation by a different service would have led to a different response.

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Final decision

11. We will not investigate this complaint. This is because an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman