Summary: We will not investigate this complaint about the Council’s response to Miss X’s reports of the smell of dog urine and disinfectant. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Miss X complained that, after she reported a strong smell of dog urine in her neighbour’s garden and the shared passageway, the Council advised her neighbours to use disinfectant. However, she said the urine smell persists and makes her child feel sick. She wants the Council to take her complaint seriously.

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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 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

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

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My assessment

5. Miss X reported a smell of dog urine coming from her neighbours’ garden and the shared passageway. The Council responded by advising the neighbours to clean the area with disinfectant, which they agreed to do.
6. Miss X later told the Council that the problem had not been resolved. She said the combined smell of urine and disinfectant remained strong.
7. We will not investigate this complaint. The Council decided not to issue an abatement notice because it considered that the smell did not amount to a statutory nuisance and that there was insufficient evidence to support court action. The Council explained its decision and reasoning to Miss X.
8. The Council said it would speak to Miss X’s neighbours again and offer advise on cleaning and also diluting the disinfectant to help with the smell.
9. The Council clearly explained to Miss X why it made the deicion not to take legal action. It also provided further support to the neighbour and therefore, there is not enough evidence of fault to warrant out involvement.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman