Summary: We will not investigate this complaint about how the Council dealt with smells from a neighbouring property. This is because we cannot investigate the actions of a Council when it is acting as a landlord. There is no evidence of fault in how the Council’s Environmental Health team considered the matter.

The complaint

1. The complainant, who I will call Mr X, complains about how the Council has dealt with his report of smells coming from a neighbouring council house.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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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 complained to the Council about smells coming from a neighbouring property, which is a council house. The Council’s Neighbourhood and Environmental Health teams have visited the property and have not witnessed the smells. The Neighbourhood Team arranged an inspection of the council house to see if any repairs needed doing to the drains, but no issues were found.
7. I cannot investigate the actions of the Council’s Neighborhood Teams. This is because these actions were carried out in relation to the management of a Council house. I have no power to investigate a complaint about a council when it is acting as a landlord. Such complaints are dealt with by the Housing Ombudsman. This places almost all of Mr X’s complaint outside of our jurisdiction.
8. I will not investigate the actions of the Council’s Environmental Health team. Officers visited both Mr X’s and his neighbours properties but could not identify a smell. Mr X was therefore advised it could not take any further action. While this may be disappointing for Mr X, it is not evidence of fault by the Council.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot investigate the actions of the Council when acting in its role as a landlord and there is insufficient evidence of fault by the Environmental Health team.

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Investigator's decision on behalf of the Ombudsman