Summary: We will not investigate this complaint about Council involvement following Mr X’s report of the presence of potentially hazardous material on neighbouring land. This is because there is no evidence to suggest fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, complains about the Council’s involvement following his report of the presence of potentially hazardous material on neighbouring land. He says the Council provided misleading information and that his and his wife’s health have been affected by the material.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including its response to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about its involvement following his report of a potentially hazardous material on neighbouring land.
6. The Council responded to Mr X and explained that its initial assessment was that there was no risk to human or animal health but that it had contacted the Health and Safety Executive and that this was the body with responsibility for dealing with the matter and investigating Mr X’s concerns.
7. There is no evidence to suggest fault by the Council in its handling of this matter and we will not pursue the complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman