Summary: Mr X complained about the Council’s lack of action against his neighbour who uses a wood-burning stove. We will not investigate this complaint as it is unlikely we would find fault in the Council’s actions.

The complaint

1. Mr X complained about the Council’s lack of action against his neighbour who uses a wood-burning stove in a smoke-controlled area. He says the Council refused to investigate.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information Mr X provided when he complained to us.
4. I considered information from the Council.
5. I considered previous complaints from Mr X to the Ombudsman.
6. I considered Mr X’s comments on a draft version of my decision.

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What I found

7. Mr X has complained to the Council over several years about pollution from the wood-burning stove of a property near his home. Smoke emitted from a chimney of a private dwelling within a smoke control area is not covered by statutory nuisance legislation. The Council investigated the issue, and found the neighbour was using an approved appliance and approved fuel. Mr X has brought his complaint to the Ombudsman previously. We have found no evidence of fault in the Council’s actions.
8. Where there is a material change, Mr X can alert the Council and it will reconsider. Mr X has raised several points with the Council since the Ombudsman’s last involvement. However, the issues he raises do not materially change the circumstances. There is nothing that leads the Council to believe, for example, the neighbour may have changed their stove or fuel. Mr X’s home is 40 metres away from the chimney and the Council is of the view fumes would likely have dissipated before reaching him. It refused to consider Mr X’s more recent formal complaint, and Mr X complained to the Ombudsman.
9. We also should not consider this complaint. We considered the Council’s previous investigations, finding no fault. I will not revisit those previous investigations. There has not been a material change since then that leads me to believe there is fault in the Council’s actions. It will review the matter should there be any material change.
10. If Mr X believes a statutory nuisance exists, he can complain to a magistrates' court under Section 82 of the Environmental Protection Act 1990. If the court agrees with him, unlike the Ombudsman, it can order the person causing the nuisance to take action to prevent it.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman