Summary: Mr X complained about the Council’s failure to take action over boiler fumes from his neighbour’s property. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the complaint was received outside the normal 12-month period for accepting complaints.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council failing to take action against his neighbour for allowing fumes from his condensing boiler to pollute his property since 2016. He says that recently he involved the Police and they resolved the matter promptly.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response and Mr X has commented on the draft decision.

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What I found

4. Mr X complained to the Council about fumes from his neighbour’s boiler entering his property in 2016. The Council investigated the complaint and concluded that the boiler was installed correctly and that it complied with the gas regulations. It decided there was no statutory nuisance for which it could serve an abatement notice.
5. Mr X completed the Council’s complaints procedure in 2017 and it advised him it could take no action and referred him to the Ombudsman. Mr X did not complain to us and in 2018 made a similar complaint to the Council. The Council gave him the same response and Mr X informed it he was taking his own court action which was his right under the Environmental Protection Act 1990. Mr X complained to us in 2019.
6. The Ombudsman does not normally investigate complaints about matters which the complainant was aware of more than 12 months before they brought the matter to us. We would not exercise discretion in this case because it was reasonable for Mr X to complain when the Council advised him in March 2017. However, had he done so we could only consider if the Council had carried out its duty to investigate a complaint of statutory nuisance. It was for the Council to decide if a nuisance existed and if it should serve an abatement notice.

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Final decision

7. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the complaint was received outside the normal 12-month period for accepting complaints.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman