Summary: We will not investigate this complaint about the Council’s response to Mr X’s reports of noise and toxic fumes coming from a neighbouring property. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has failed to take action against noise and toxic fumes he has reported coming from a neighbouring property. He says his health is being adversely affected.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X, including the Council’s response to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X contacted the Council to report toxic fumes and machine noise coming from a neighbouring property.
6. The Council investigated and considered the diary sheets Mr X had completed. However, it told him it could take no further action because it had not been able to identify a statutory nuisance for the noise or toxic fumes he had reported. It noted a similar complaint he had made about another nearby property at the beginning of 2021 and his view that the advanced notice given for the inspection had prevented the nuisance being witnessed. It told Mr X that its visit to the area at the end of 2021 for this second property complaint had been unannounced but again no nuisance had been witnessed.
7. It is not our role to questions decisions a council takes if it follows the right steps and considers the relevant evidence and information. To date the Council has no evidence of a statutory nuisance and I have seen no evidence to suggest fault by the Council in its handling of the case.
8. If Mr X has any new evidence to support his claim of nuisance, he can send this to the Council for its consideration.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman