Summary: We will not investigate this complaint about how the Council considered Miss X’s reports of a statutory nuisance. There is not enough evidence of fault by the Council to warrant our involvement and there is no evidence of Miss X suffering a significant injustice.

The complaint

1. Miss X complained the Council did not act when she reported a potential statutory nuisance.
2. Miss X said the matters were causing stress and a financial impact.

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The Ombudsman’s role and powers

3. 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, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Miss X contacted the Council to advise a neighbouring property may be causing a statutory nuisance. She said the matters were causing her stress and to incur cleaning costs because of the nuisance.
7. Miss X complained the Council did not act on the reports she made and did not consider the impact the nuisance had on her.
8. In its complaint response, the Council said it carried out an unannounced visit to the neighbouring property and inspected it. It said there was no evidence of the issues Miss X reported causing a statutory nuisance, to the extent of impacting her health or the enjoyment of her home.
9. The Council detailed the areas it had inspected and the considerations it had made. Its actions here appear appropriate.
10. If we were to investigate, it is unlikely we would find actions with the Council’s consideration of Miss X’s reports. Therefore, we will not investigate this complaint.
11. In any case, we will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation.
12. I have not seen any evidence to suggest Miss X has suffered an injustice significant enough to meet this threshold.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council and Miss X has not suffered a significant enough injustice.

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Investigator's decision on behalf of the Ombudsman