Summary: We will not investigate this complaint about how the Council has dealt with a leaking septic tank. This is because there is insufficient evidence of fault.

The complaint

1. Mrs X complains about how the Council has dealt with sewage leaking from a neighbour’s property onto a shared driveway and public highway

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. In September 2023, the Council received reports of sewage leaking from Mrs X’s neighbour’s septic tank onto the highway. The Council contacted the neighbour who arranged a contractor to investigate the issue, and it was identified that the leak was coming from the neighbour’s septic tank.
6. The Council recommended to the neighbour that further investigative work be carried out to identify the reason for the leak. This was done and the neighbour subsequently informed the Council that a new septic tank would be installed.
7. The new septic tank was installed in September 2023. The Council subsequently concluded that the work did not meet building control regulations and was not working properly. It advised the neighbour to empty the tank regularly while work was carried out to resolve the issue. After work was not carried out to resolve the issue, the Council issued the neighbour with a notice under Section 59 of the Building Act 1984, which gives the neighbour until late June to ensure there is satisfactory provision for drainage.
8. I will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council. The Council’s enforcement powers are discretionary and must be used reasonably. In this case I am satisfied that the Council properly considered the facts of the case before initially deciding that it would take a pragmatic approach and work with the neighbour to try and resolve the issue, rather than use its enforcement powers. Records show that the Council was in regular communication with the neigbour and carried out several site visits. The Council has also updated Mrs X with action being taken.

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Final decision

9. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman