Summary: We will not investigate this complaint about a sewage charge levied by the Council as it unlikely we can add to what the Council has said, and it is reasonable to expect the complainant to use the alternate dispute resolution mechanism available to them.

The complaint

1. Mrs X complains about increases in charges she has to pay to the Council for waste water collection. Mrs X also complains about a lack of transparency in how the charge is calculated. Mrs X wants increased transparency and for the charge to be reasonable.

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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 it is unlikely we could add to what the Council has said or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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Background

5. Mrs X’s property and several others are served by a private pumping station, owned by the Council. When Mrs X bought her property in 1987, she agreed to pay a share of the costs of keeping the pumping station in proper working order.
6. Mrs X is unhappy about a significant increase in the charge this year and about what the future charges may be. Mrs X feels the Council is not transparent in how it calculates the charge or about how much other properties are required to pay.
7. The Council has provided a breakdown in the costs which make up the charge, to Mrs X, and explained how the charges are apportioned to the private properties and Council tenants that are served by the pumping station. It has advised Mrs X that a dispute resolution mechanism was provided with the transfer of the title of the property, when Mrs X purchased the house. Any dispute about the reasonableness of the charge can be decided by an independent expert, appointed by mutual agreement of all parties or by the Royal Institute of Chartered Surveyors.

My assessment

8. In buying the property, Mrs X agreed to pay the charges and to the terms of how any dispute could be settled ie by the appointment of an independent expert in this field. This is the appropriate way for Mrs X concerns to be addressed. We are not such experts, and it is unlikely we can add to what the Council has already said about how the charge is calculated or that any investigation by us would change the outcome of the complaint. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Mrs X’s complaint because it is unlikely we can add to what the Council has said and it is reasonable for Mrs X to use the dispute resolution mechanism she agreed to when she purchased the house.

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Investigator's decision on behalf of the Ombudsman