Summary: We will not investigate this complaint about the Council’s decision that his private water supply required regular testing. There is insufficient evidence of fault in the Council’s actions.

The complaint

1. The complainant, I shall call Mr X, says the Council is misinterpreting the regulations on private water supplies.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A (6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s family home shares a private water supply with a neighbour. He had work carried out on the pump for the water supply by a private engineer. Shortly after, he and his parents received a letter from the Council advising their water supply required testing and confirming the possible consequences if they did not comply.
6. The Private Water Supply Regulations 2016 state:

“6. (1) Subject to paragraphs (2) and (3), a local authority must carry out a risk assessment for every private water supply in its area and review and update that risk assessment every 5 years (or earlier if it considers that the existing risk assessment is inadequate).”

“(2) In the case of a supply provided to a single dwelling, the duty in paragraph (1) applies only where that supply is provided as part of a commercial or public activity.”

“(3) In the case of any other supply provided to a single dwelling, a local authority must carry out a risk assessment if requested to do so by the owner or occupier of that dwelling.”

and

“(10) (2) The local authority must carry out the monitoring required by paragraph (1) at least every 5 years and more frequently if the risk assessment shows this to be necessary”.

7. Mr X says the Council is not required to test his water supply as he says it is a supply to a single property. However, he also confirmed that his neighbour shares the same supply. Therefore, the water supply is to two homes, not a single property. Therefore, his home is not exempt from testing.
8. In response to my enquiries, Mr X confirms his neighbour has now installed her own borehole at her property. Therefore, if Mr X’s private water supply is now serving his property only, the Council must only test the water at the owners’ request.

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Final decision

9. I will not investigate this complaint. This is because there is not enough evidence of fault in the Council’s actions to justify our involvement.

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Investigator's decision on behalf of the Ombudsman