The Ombudsman's final decision
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.
The complaint
Mr X works for a property development firm. It is building properties which require a permit from the Environment Agency (EA) to discharge domestic sewage effluent.
Mr X complains the EA has delayed in processing the permit application. He says the development is nearing completion and if the permit is not in place soon, the firm will incur financial losses. Mr X wants the EA to assign a case officer to the application urgently and decide it by the end of February 2022.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the EA if the complaint is not about flood defences or land drainage matters. (Local Government Act 1974, section 25, as amended)
How I considered this complaint
I considered information provided by Mr X, and the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint is about the EA’s administration of an application for a domestic sewage permit, to be compliant with the Environmental Permitting (England and Wales) Regulations 2016.
The Ombudsman’s powers to deal with complaints about the EA are restricted to matters of flood defence and land drainage. Our jurisdiction does not cover the subject of Mr X’s complaint, so we cannot investigate it.
Final decision
We cannot investigate Mr X’s complaint because it is not within our jurisdiction.
Investigator's decision on behalf of the Ombudsman