Summary: We will not investigate this complaint about a nuisance caused by smoke. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains his neighbours wood burning stove is causing smoke pollution and the Council has not properly investigated the issue. The smoke is causing Mr X stress and is affecting his property and health.

Back to top

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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X complains his neighbour has been burning wood from his wood burner and emitting smoke and fumes from a low-lying flue in his kitchen. Mr X has kept diaries and photos of the smoke nuisance. Mr X says the Council told him officers need to witness the nuisance. Mr X says the Council’s Environmental Health Officers work limited hours and evening and weekend nuisances were not witnessed and the Council had not acted against the nuisance.
6. The Council says it has undertaken nine visits to Mr X’s property to witness the impact of the smoke. The Council say three of these visits took place out of hours. The Council also served a Smoke Abatement Notice on Mr X’s neighbour in November under the Environmental Protection Act 1990. Mr X has been asked to monitor the smoke nuisance by keeping diary sheets.
7. It is an offence not to comply with the requirements of the Smoke Abatement Notice and the Council says it will respond to any further complaints by visiting in response to complaints and gathering evidence.
8. The Council has taken steps to minimise the smoke nuisance by witnessing the nuisance and has served a Smoke Abatement Notice. Therefore, there is insufficient evidence of fault by the Council and so we will not investigate this complaint.

Back to top

Final decision

9. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman