Summary: We cannot investigate this complaint about the Environment Agency failing to ensure a business complies with an enforcement notice to stop a nuisance. This is because we have no jurisdiction to investigate the actions of the Environment Agency unless it relates to flood defence.

The complaint

1. The complainant (Mr X) complains about the Environment Agency (the Agency) failing to take action against a business’s non-compliance with an Enforcement Notice (Notice) which was issued in September 2023. He says the alleged fault has meant the nuisances (such as foul odours) relevant to the Notice have gone unabated which limit his use and enjoyment of his property. As a desired outcome, Mr X wants the Agency to ensure the business performs what it is required to do in the Notice.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the Environment Agency unless it relates to flood defence. (Local Government Act 1974, sections 25 and 34(1), as amended).

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How I considered this complaint

3. I considered information provided by the complainant and the Agency. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. The complaint relates to enforcement action by the Agency in relation to odours from a business causing a nuisance. We have no jurisdiction to investigate the actions of the Agency in these circumstances.

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Final decision

5. We cannot investigate this complaint because we have no jurisdiction to investigate the actions of the Agency unless it relates to flood defence.

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Investigator's decision on behalf of the Ombudsman