LGO Individual Decisions

Summary: Mr B complained the Environment Agency failed to maintain an existing flood protection scheme and failed to act to correct known weaknesses in the scheme. Mr B says as a result he has experienced flooding in his property. There is no evidence of fault in the maintenance of the existing scheme or in the Authority’s actions to improve protection.

Summary: We cannot investigate Miss X’s complaint about the Environment Agency (EA) giving her incorrect information about the flood risk to a property she bought. We do not have powers to investigate the action by the EA complained so it is not within our jurisdiction.

Summary: Mr X complains the Environment Agency (EA) failed to use their powers to clear a blockage in the River Lambourn during a period of flooding in the area. We found there was no fault by the EA.

Summary: We will not investigate this complaint about the Authority’s failure to carry out maintenance work on private land next to Mrs X’s home. There is insufficient evidence of fault which would warrant an investigation.

Summary: Mrs B has complained that the Environment Agency has wrongly asked for an indemnity from her against the risk of harm caused by it cutting weeds. She also complained that it did not respond to her reports of flooding and damage. There is no fault in the Agency’s decisions. However, it did not always communicate with Mrs B properly and failed to direct her to its complaints process. This caused Mrs B distress and frustration. The Agency has apologised to Mrs B and as this is an appropriate remedy for her injustice.

Summary: We will not investigate this complaint about an alleged failure by the Authority to engage with the complainant about ways to improve the accuracy of flood warnings. This is because there is insufficient evidence of the complainant having personally suffered a significant enough injustice to warrant our involvement.

Summary: We cannot investigate this complaint about how the Environment Agency dealt with reports of a leaking septic tank. We have no jurisdiction to consider the matters complained about.

Summary: We will not investigate this complaint about the Agency’s failure to make an adjoining landowner to Ms X take action to prevent the flooding of her property. This is because Ms X has a right to take court action against the Agency if she believes it is liable to pay her compensation and so the complaint falls outside our jurisdiction for this reason.

Summary: We will not exercise discretion to investigate this complaint about damage to the complainant’s home and garden caused by flood alleviation works over the past years. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.

Summary: We will not investigate this complaint about the Council’s decision to grant a pontoon license to a private company which has led to a slipway being obstructed. This is because the complaint is late. Even if we were to exercise discretion to consider the late complaint, we would not investigate as it will not lead to a different outcome.

Summary: We will not investigate this complaint about flood risk information. That is because there is not enough evidence of fault to justify investigating.

Summary: Mr X complains the Council was wrong to approve housing which allowed for sewage to be dealt with via a package treatment plant rather than connection to the main sewer. We will not investigate the complaint because it is a late complaint and because ongoing pollution of a beck caused by sewage from the properties is a matter for the Environment Agency to address and not the Council.

Summary: We will not investigate this complaint alleging damage to the complainant’s property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is made too late, and we have seen no reason to exercise discretion in this case.

Summary: We cannot investigate Mr X’s complaint about the Environment Agency (EA) delaying in dealing with an application for a domestic sewage permit. Our jurisdiction to investigate complaints about the EA does not include the subject of Mr X’s complaint.