Summary: We will not investigate this complaint about the Council’s decision not to investigate a statutory nuisance complaint at a landfill site or its communication with Mr X and residents. This is because it is unlikely we would find enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council has refused to investigate a statutory nuisance complaint about a nearby landfill site. He also says the Council has failed to communicate with residents and dismissed his concerns in emails.
2. Mr X says noise, dust, and odours from the site are affecting his quality of life. He wants the Council to accept the complaint and investigate the matter.

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The Ombudsman’s role and powers

3. 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 not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X made a statutory nuisance complaint under the Environmental Protection Act 1990, Section 79(1). Councils have a duty to investigate potential statutory nuisances.
7. The Council declined to investigate because the landfill site operates under an Environmental Agency permit, making it the responsibility of the Environment Agency rather than the Council. Section 79(10) of the Environmental Protection Act 1990 prevents the Council from taking enforcement action.
8. The Council advised Mr X to contact the Environment Agency, which has jurisdiction over the landfill site. Given that the Council followed relevant legislation, we are unlikely to find evidence of fault to justify an investigation.
9. Mr X alleged the Council did not inform residents about the matter and dismissed his concerns in emails. The Council had no legal duty to investigate; therefore, it was not required to notify residents. I have also reviewed correspondence between the Council and Mr X and found it professional in tone. We are unlikely to find evidence of fault in the Council’s communication, so we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely we would find enough evidence of fault in the Council’s actions to justify an investigation.

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Investigator's decision on behalf of the Ombudsman