Summary: Mr X complains about the Council’s response to the problems of daily noise and smells he has reported coming from a neighbouring property. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says he feels he has been fobbed off by the Council’s Building Control and Planning departments in connection with noise and smells he has reported coming from the refurbished property next to his.

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The Ombudsman’s role and powers

2. 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 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

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I gave Mr X the opportunity to comment on my draft decision.

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My assessment

6. Mr X complained to the Council about everyday noise and smells he was experiencing coming from the property next to his which had been newly refurbished.
7. The Council explained that it had no grounds to take action under its planning or building control powers as the property was not a new build but a refurbished property. Its Community Protection team visited but, having investigated, it advised Mr X it could not assist either and suggested he might consider taking his own private legal action and look to the Party Wall Act.
8. At the time of the Council’s response to Mr X’s complaint, the tenants living at the property had moved out and the Council has said it will review its position if further issues are raised following the moving in of new tenants.
9. While I understand Mr X has been distressed by the problems he has experienced, I have seen no evidence to suggest there has been fault by the Council. It has no grounds to take enforcement action under planning law or building control regulations and it has advised it will revisit the case if the same problems arise when new tenants move in.

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Final decision

10. We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman