West Berkshire Council (24 008 747)

Category : Environment and regulation > Pollution

Decision : Closed after initial enquiries

Decision date : 31 Oct 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council investigated reports of smoke nuisance. There is not enough evidence of fault to justify investigating.

The complaint

  1. Mr X and Mrs X complained about the Council’s investigation into smoke from a neighbouring property. They are unhappy the Council has not taken action against the neighbouring property to remove the nuisance. They said the smoke prevented them from opening their windows or using their washing line.
  2. They said they have experienced smoke nuisance for two years.

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The Ombudsman’s role and powers

  1. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X and Mrs X complained to the Council about smoke nuisance from a neighbouring property.
  2. In its complaint response, the Council said it carried out multiple site visits between 2022 and 2024. It said no nuisance was witnessed at those times.

It said, Mr X and Mrs X had not provided any additional evidence to support further investigation, or provided any diary sheets to confirm when they had been affected. It explained as there was no evidence to support the existence of a statutory nuisance from the smoke it could not take enforcement action.

  1. The Council told Mr X and Mrs X they could take private action at court under Section 82 of the Environmental Protection Act 1990.
  2. The Council fully investigated Mr X and Mrs X’s concerns; it did not find evidence of smoke causing a statutory nuisance. It also provided information on how the complainants could pursue their concerns through the court. There is not enough evidence of fault how the Council investigated the reports of smoke nuisance to justify our involvement.

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Final decision

  1. We will not investigate Mr X and Mrs X’s complaint about smoke nuisance because there is not enough evidence of fault to justify investigating.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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