Rotherham Council and MP Sarah Champion take Droppingwell tip concerns to national ombudsman

At the centre of the row is a borehole – known as BH05 – which sits on council-owned land and is meant to monitor for potential pollution from the landfill. For years, the Environment Agency insisted this borehole wasn’t essential to the site’s permit. But recently, that advice was reversed, raising serious questions about how the site has been regulated.

Rotherham Council’s Leader Chris Read said the mixed messages have left residents confused and concerned, and called on the Environment Agency to propose a solution.

“Twice over the last few years, councillors have declared no confidence in the Environment Agency, and yet still we find ourselves in the bizarre position where the Agency claims a regulatory test is both necessary and unnecessary at the same time, refuses to acknowledge that that is what they have done, or to take action to require the tip operator to comply with the conditions in its licence,” he said.

“I have been clear throughout, that if the use of borehole five, which falls on council land, is a precondition to reopen the tip, then we will not allow it. Now it’s time we got a straight answer to a straight question.”

Rotherham MP Sarah Champion, who has supported the formal complaint, said: “I’ve consistently opposed the reopening of the tip at Droppingwell and am deeply concerned that it has been given the go ahead in the face of staunch opposition from the local community, local businesses, elected councillors, RMBC and myself as the Member of Parliament.

“The local community are understandably sceptical about the approach taken by Environment Agency. Their confidence has been damaged still further by the EA’s contradictory statements to RMBC. The Agency’s responses have been desperately poor and RMBC have been left with no alternative but to complain to the Ombudsman.”

The complaint calls on the Environment Agency to admit it changed its position, apologise for misleading the public, and explain how it plans to put things right. It also demands a proper investigation into whether the site is safe and how it will be monitored in the future.

In response, the Environment Agency said the landfill operator, Grange Landfill Ltd, holds a valid environmental permit and is responsible for reinstating the borehole or finding a suitable replacement.

A spokesperson for the Environment Agency told the local democracy reporting service: “Grange Landfill Ltd hold an environmental permit which has been through a thorough assessment in line with our legal duties.

“We have engaged with Rotherham Metropolitan Borough Council to provide clarity on our technical position regarding Borehole BH05.

“The operator needs to reinstate the borehole or identify a suitable alternative location.”

They admitted that the lack of monitoring from BH05 is a breach of the permit and said the issue is being handled under their enforcement policy. However, they also claimed that with no waste currently going into the site, the environmental risk is low.

The site, long opposed by the local community, has been the focus of protests and council motions over the years. Campaigners worry that any future use of the tip could affect nearby homes, businesses, and even local waterways – especially if it’s not properly monitored.

The Council’s formal complaint is a rare step, but leaders say it’s necessary to gain answers from the Environment Agency.

The Ombudsman will now review the complaint and decide whether to launch a full investigation. That decision is expected in the coming weeks.

Grange Landfill LTD had not responded to a request for comment at the time of publication.

What is the Parliamentary Ombudsman and what can they do?

The Parliamentary and Health Service Ombudsman is an independent body that investigates complaints about government departments, national agencies like the Environment Agency, and the NHS.

They look into whether a public body has acted fairly, followed proper procedures, or caused harm through poor service or decision-making — known as maladministration.

Key powers and what they can do:

• They can demand evidence, interview officials, and carry out investigations with the same legal powers as the High Court.

• If they find that someone has been treated unfairly, they can recommend a remedy, such as an apology, compensation or steps to fix the problem.

• While they can’t force a public body to follow their recommendations, more than 99 per cent of their proposals are accepted in practice.

• If a public body refuses to act, the Ombudsman can report the matter to Parliament, which may lead to further scrutiny by MPs.