Summary: We will not investigate this complaint about the Council’s handling of Mr X’s reports of smoke emission from his neighbour’s chimney. This is because there is not enough evidence of fault to warrant us investigating.

The complaint

1. Mr X says the Council has failed to properly investigate his reports of smoke emission from his neighbour’s chimney. He wants the Council to take enforcement action.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained about smoke from a neighbour’s chimney. The Council investigated and an Environmental Health Officer carried out a number of site visits. However, the Council explained to Mr X it had concluded there was no evidence of substantial smoke emission, and it therefore could not take enforcement action under statutory nuisance law. It also confirmed the appliance causing the smoke was being used in line with the manufacturer’s instructions and the Clean Air Act 1993. The Council acknowledged this did not mean there was no smoke.
7. The Ombudsman is not an appeal body. We cannot challenge the Council’s decision unless there is fault in its decision making. In this case, I am satisfied the Council has investigated and taken the right steps in considering relevant information and evidence. I understand Mr X disagrees and is concerned by the smoke. However, this is not evidence of fault in the Council’s decision or the way it has investigated.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant it.

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Investigator's decision on behalf of the Ombudsman