Summary: Mr X complained about the Environment Agency’s installation of drainage pipes on his farmland in 2014. The Ombudsman should not exercise discretion to investigate this complaint which was received outside the normal 12-month period for receiving complaints.

The complaint

1. Mr X complained about drainage pipes which were placed through a flood defence bank by the Environment Agency in 2014. He says the pipes have led to flooding of his farmland when drainage ditches overflowed and discharged polluted water onto his land. He wants the Agency to remove the pipes which compromise the flood defence bank and cause pollution on his land.

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The Ombudsman’s role and powers

2. 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

3. I have considered all the information which Mr X submitted with his complaint. Mr X has commented on a draft copy of my decision.

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What I found

4. Mr X says large drainage pipes were placed through an earth flood bank by the Environment Agency in 2014. He says the pipes have caused flooding to his land from a stream which carries polluted water through an industrial site. He says he has been trying to get the pipes removed since they were installed.
5. We will not normally investigate complaints about matters which the complainant has been aware of for more than 12 months before they complained to us. Mr X has been aware of the pipes on his land since 2015 at least. The local Council in response to his enquiries has indicated that he agreed to the works by the Environment Agency at the time.

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Final decision

6. The Ombudsman should not exercise discretion to investigate this complaint which was received outside the normal 12-month period for receiving complaints.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman