Summary: We will not investigate this complaint about the Council’s decision to take no further action with regard to Ms X’s complaints about a neighbour’s use of a wood burning stove. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Ms X, complains about the Council’s investigation into her reports of smoke nuisance from a neighbour’s wood burning stove which is causing her and her family distress and ill health.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

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How I considered this complaint

4. I considered information provided by Ms X and the Council, including its response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Dissatisfied with the Council’s investigation into her reports of smoke and odour nuisance from her neighbour’s wood burning stove, and that it had concluded it could take no further action, Ms X complained to the Council.
7. The Council acknowledged there had been some delay and poor communication with her initially but found that appropriate action had been taken to investigate and address her concerns even though the outcome had not been as she had hoped for.
8. While Ms X may be unhappy with the outcome of the Council’s investigation, it is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. The Council viewed video footage, visited the neighbour’s property to inspect the appliance and carried out carbon dioxide monitoring in Ms X’s home in coming to its decision. As there is no evidence to suggest fault affected the Council’s decision, we will not investigate the complaint.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman