Summary: We will not investigate this complaint about odour from a neighbouring property. This is because there is no evidence of fault in how the Council investigated odours and anti-social behaviour issues. The Council has apologised for writing to Mr X’s neighbour about the issues Mr X raised. This is a suitable remedy and it is unlikely an investigation would result in a different outcome.

The complaint

1. Mr X complains about odour from a neighbouring property. Mr X says this has caused him distress. Mr X would like the smell to be removed and the Council to monitor the situation.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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, or further investigation would not lead to a different outcome. (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.

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My assessment

5. Mr X complains about a smell from a neighbouring property. Mr X says the Council was incompetent, insensitive and trivialised his concerns which led to aggravation with his neighbour and caused an antisocial behaviour issue.
6. The Council says an Environmental Health Officer went on a site visit regarding the odour nuisance and wrote to Mr X’s neighbour about the smell and judged there was not a problem at that point in time. The Council says it advised Mr X to complete an odour log sheet. The Council says Mr X did not keep the odour log sheet so the complaint was closed. There is insufficient evidence of fault by the Council in relation to the way it investigated Mr X’s odour complaint and so we will not investigate this complaint.
7. The Council says it followed its standard procedure when it wrote to Mr X’s neighbour about the smell but it has accepted this may have not been an appropriate and has apologised to Mr X for any additional stress that this action caused. This is in line with Ombudsman’s Guidance on Remedies and it is unlikely an investigation by us would result in a different outcome.
8. The Council says it suggested Mr X filled in an anti-social behaviour diary but Mr X has not done this in fear of retaliation from his neighbour. The Council says it has offered mediation. There is no evidence of fault by the Council in relation to how it has considered the antisocial behaviour issues Mr X has raised and so we will not investigate this complaint.

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Final decision

9. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council in relation to how it investigate Mr X’s complaints about odours and anti social behaviour.
10. The Council has apologised to Mr X for writing to his neighbour about the issues he raised. This is a suitable remedy and it is unlikely an investigation would result in a different outcome.

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Investigator's decision on behalf of the Ombudsman