Summary: We will not investigate this complaint about the Council’s response to concerns raised about the presence of asbestos on a site next to the complainant’s home. The is not enough evidence of fault to justify an investigation.

The complaint

1. The complainant, I shall call Mr X, says the Council ignored information he provided about the presence of asbestos. He also says it covered up a breach of regulations.

Back to top

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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X told the Council that he had found asbestos on a site next to his home.
7. He says the Council has left the builders to deal with the asbestos and they are misleading people about the location. Mr X says the builders have fenced off the wrong area, therefore any survey will not find asbestos. Mr X wants the Health and Safety Executive (HSE) to investigate.
8. The Council says it investigated Mr X’s report of asbestos. It confirmed the contractor has followed standard health and safety procedures. The site is secure, and a specialist took samples for analysis. The Council says the specialist identified asbestos. The specialist has checked the site again and found no more suspect material. The site has been covered with hardcore and monitoring will continue. The Council is satisfied it is an isolated incident with no evidence of widespread risk.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because the Council has arranged for specialist surveys, testing and monitoring at the site. It is satisfied there is no evidence of widespread risk. It is not for the Ombudsman to challenge a decision if there is no evidence of fault in the decision-making process.
10. If Mr X believes there is still asbestos on the site and the contractors have not followed the correct process he can report his concerns to the HSE. The HSE deals with enforcing health and safety at workplaces including building sites.

Back to top

Investigator's decision on behalf of the Ombudsman