Summary: We will not investigate this complaint about the Council’s investigation of Miss X’s complaint about a neighbour’s boiler flue emissions. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Miss X complained about the Council’s decision not to take further action following her complaint about a neighbour’s boiler flue emissions. She says the fumes and odour are affecting her enjoyment of her home.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says that since her neighbour installed a new gas boiler she has had fumes from the installation entering her garden and her home through her patio doors when they are opened. She complained to the Council in 2022.
6. The Council checked the distance of the flue from the nearest windows which is a requirement of the Building Regulations which require flues to be installed in a particular location. The Regulations require a flue to be a minimum 300mm from the nearest window or opening. In this case the distance exceeds that requirement and the boiler was installed by a Gas Safe qualified engineer. The flue meets the required regulations.
7. The Council was also required to investigate whether the flue emissions could be causing a statutory nuisance. The plume is comprised of water vapour and CO2 which has no odour and is considered safe if dispersed in the air at a 300mm distance. The installation is similar to many others throughout the country and the Council believes that there is no statutory nuisance which it could be subject to an abatement notice under the Environmental Protection Act 1990.
8. The legislation requires a council to investigate complaints about statutory nuisance but if none is identified by council officers then no further action is required.
9. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process. In this case the Council investigated the complaint but did not consider action was required.

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Final decision

10. We will not investigate this complaint about the Council’s investigation of Miss X’s complaint about a neighbour’s boiler flue emissions. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman