Summary: We will not investigate Mr X’s complaint about air quality. The Office for Environmental Protection is better placed to consider the complaint.

The complaint

1. Mr X complains the Council has failed to comply with environmental law and are not taking proactive action to improve air quality in his area. He says the Council has failed to publish air quality data and have not engaged sufficiently with the public to raise awareness. Mr X also complains about poor complaint handling.

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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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The Office for Environmental Protection (OEP) provides a free-to-use complaints service that investigates allegations that public bodies in England and Northern Ireland have broken environmental law. It also provides advice and can take enforcement action if necessary. It aims to focus its attention on serious breaches of environmental law that have a wide impact.
4. The Information Commissioner's Office considers complaints about information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about access to information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X asked the Council what proactive steps they are taking to improve the air quality in his area. He also requested environmental monitoring data.
8. The Council has explained it is monitoring pollutants in Mr X’s area. The Council say the Nitrogen Dioxide levels are within the acceptable range and they are trialling new sensors to get more reliable data about Particulate Matter.
9. We will not investigate the Council’s compliance with environmental law or its actions to improve air quality. The OEP investigates allegations that public bodies have broken environmental law and is better placed to consider these matters.
10. Mr X also complains the Council failed to provide the environmental monitoring data he requested. The Information Commissioner’s Office can investigate complaints where a public authority fails to provide environmental data. In the absence of a wider complaint within our remit, there is not a good reason for us to consider the matter instead.
11. Finally, we will not investigate how the Council dealt with Mr X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issues.

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Final decision

12. We will not investigate Mr X’s complaint. The Office for Environmental Protection is better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman