Summary: We will not investigate this complaint about possible land contamination at a development site in the Council’s area. This is because Dr X has not been caused an injustice as a result of the actions of the Council. There are also no wider public interest issues for us to consider arising from this complaint.

The complaint

1. Dr X complaints the Council has failed to consider the impact of land contamination at a development site in its area. Dr X is concerned about the potential impact on future health of those using the site.

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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 any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant. I have also considered information about a planning application on the Council’s website.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Dr X lives just under 5 miles from the site. Therefore she has not been caused an injustice as a result of any action by the Council and so we will not investigate this complaint.
6. The potential issue of land contamination at the development site is acknowledged by the Council as well as in an earlier appeal decision by the Planning Inspector. Documents relating to this and planning conditions attached to the development are in the public domain. Therefore, this information is readily available to people who may wish to purchase part of the development site and they are able to carry out their own checks to ensure any necessary remedial action has been taken. Therefore, I cannot see there are any wider public interest issues for us to consider and we will not investigate this complaint.

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Final decision

7. We will not investigate Dr X’s complaint because she has not been caused an injustice as a result of the actions of the Council. There are also no wider public interest issues for us to consider arising from this complaint.

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Investigator's decision on behalf of the Ombudsman