Summary: The Ombudsman cannot investigate this complaint from a landowner about the way the Environment Agency has been investigating alleged unlawful waste operations on his land. This is because we have no jurisdiction to consider complaints against the Environment Agency in this respect.

The complaint

1. The complainant, who I shall call Mr X, complained about the way the Environment Agency (EA) was pursuing an investigation into activities on his land. In particular Mr X said the EA was using unreasonable investigation methods including covert surveillance and following his vehicle, and that this amounted to harassment.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. But we cannot investigate the actions of the EA unless the complaint relates to its flood defence and land drainage functions. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

3. I considered the information Mr X provided with his complaint. I also gave Mr X an opportunity to comment on a draft of this decision before I reached a final view in his case. In addition I took account of the EA’s response to Mr X’s complaint.

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What I found

4. The EA has powers to investigate and take enforcement action in respect of certain environmental crimes, including the unregulated operation of a waste facility or the unauthorised depositing or dumping of waste materials.
5. The EA started an investigation into alleged unlawful waste activities on Mr X’s land. But Mr X was unhappy with the way the EA carried out its investigations. He felt the EA’s investigation methods were excessive and that its officers’ behaviour amounted to harassment.
6. But we cannot pursue Mr X’s complaint about this matter. In particular, we have no jurisdiction to consider complaints against the EA, except where the issue relates to flooding or land drainage. However Mr X’s complaint is evidently about waste operations, which is clearly a different function of the EA. Therefore the law precludes us from becoming involved in his case.

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Final decision

7. The Ombudsman cannot investigate Mr X’s complaint about the way the Environment Agency has investigated alleged unlawful waste operations on his land. This is because our jurisdiction does not cover complaints about the Environment Agency which do not relate to its flooding or land drainage functions.

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Investigator's decision on behalf of the Ombudsman