Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s actions while carrying out a ground conditions survey close to Mrs X’s home. This is because it is unlikely we could add anything to the response Mrs X has already received.

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained about the Council’s actions while it carried out a ground conditions survey close to her home. Mrs X complained the exhaust pipe of machinery pointed toward her property causing avoidable pollution. Mrs X said a council officer visited the site and agreed the exhaust should have been pointed away from her property. Mrs X said she wanted the Council to include this in its written response to her complaint. Mrs X also complained the Council should have warned residents about the work it carried out.

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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, 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,
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I gave the complainant the opportunity to comment on a draft statement and considered the responses received.

Back to top

My assessment

6. In its responses to Mrs X complaints the Council said:
• The machinery used was sited some distance from Mrs X’s property and was compliant with the industry standards for noise and emissions.
• Mrs X’s property was separated from the site by a brick and timber fence which screened noise and emissions.
• Its contractor had confirmed it used modern equipment with low emission engines compliant with industry standards.
• Running a diesel engine outside was not ‘exceptional’ with the fumes dissipated naturally.
• Residents should have been told of the work. The Council apologised for this oversight and explained what it would do to avoid the same mistake happening again.
7. We do not investigate all the complaints we receive. In deciding whether to investigate we consider various tests. These are set out in our Assessment Code.
8. I understand Mrs X is concerned about the possible pollution from the work carried out close to her home. But I am not persuaded we should investigate Mrs X’s complaint. This is because the Council has provided what I consider proportionate and reasonable responses to Mrs X’s complaint. It has explained why it does not consider the work to have exposed Mrs X’s home to unnecessary pollution. Also, the Council has upheld Mrs X’s complaint that residents should have been contacted about the work. It has said what it will do differently in the future. This is an appropriate response.
9. Based on the evidence I have seen it is unlikely that an investigation would add anything to the response Mrs X has already received. The Council’s response does not rely on which way the exhaust was positioned, and this point alone does not warrant investigation. Even if we were to investigate, there is not enough evidence of fault by the Council or significant personal injustice to Mrs X to justify the Ombudsman investigating her complaint.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint. This is because it is unlikely we could add anything to the response Mrs X has already received.

Back to top

Investigator's decision on behalf of the Ombudsman