Summary: We will not investigate Miss X’s complaint about how the Council handled her complaint about how it considered her concerns about ventilation and fumes in her home. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Miss X complained that the Council did not address her housing needs relating to ventilation and fumes.
2. Miss X said that her health was placed at risk and it caused distress.
3. Miss X wants the Council to apologise, carry out a fresh review of her accommodation needs and compensate her.

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The Ombudsman’s role and powers

4. We investigate 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 continue an investigation if we decide: there is not enough evidence of fault to justify investigating, (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X contacted the Council from 2023 about fumes coming from a nearby property. She then raised formal complaints to the Council in December 2024.
8. The Council investigated, attended her property and spoke with other residents within the building. They concluded that the actions of Miss X’s neighbour did not amount to any breach of their tenancy.
9. During the Council’s investigation the Housing Officer visited the building multiple times. They found no evidence to support a statutory nuisance or anti-social behaviour.
10. The Council also sent letters to other residents asking them to be considerate if using products that could emit smells outside their property.
11. Miss X said she felt unsafe when meeting the Councils’ housing officer. The Council agreed that any future meetings would be held with Miss X’s support worker present. They also provided additional training to the Housing Officer.
12. Additionally, there was involvement from the Police. They found no evidence of anti-social behaviour or illegal activity during their investigation.
13. We will not investigate this complaint; the Council investigated the complaint and acted within its powers. There is not enough evidence of fault in how the Council handled Miss X’s complaint.

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Final decision

14. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman