Summary: We will not investigate Mr X’s complaint that the Council failed to take action regarding alleged pollution of a watercourse and ground water. There is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council failed to consider his complaint about ongoing pollution to watercourses and ground water which he says is being caused by an artificial grass pitch.
2. He wants to the Council to properly consider his complaint.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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 or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. The Council declined to consider Mr X’s complaint through its corporate complaints procedure because the matter had been subject to the planning process (where permission with conditions had been granted). It said any concerns should have been raised through that route.
8. The Council did, however, inform Mr X it had added an advisory paragraph to the planning permission informing the applicant of the relevant statutory requirements relating to artificial grass pitches and steps to take if it could not meet these. The Council advised Mr X to raise any further issues, including breach of conditions or any alleged pollution from the application site, with the statutory body.
9. We will not investigate this complaint. There is not enough evidence of fault in how the Council made its decision that Mr X’s complaint was too closely linked to a previously decided planning application and thus the corporate route was inappropriate to consider it.
10. Furthermore, we also could not realistically achieve the outcome Mr X wants. Although it is within our powers if we found fault, to recommend the Council consider Mr X’s complaint, that would not ultimately achieve what Mr X wants, which is for the planning application to be overturned.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman