Summary: We will not investigate this complaint about the Council’s handling of reports of excessive smoke from a neighbouring property. This is because there is not enough evidence the Council is at fault to justify an investigation.

The complaint

1. The complainant, Mrs X, complains about how the Council has responded to her reporting smoke coming from her neighbour’s wood burner. She says the smoke prevents her from opening windows and air vents and is affecting her health.

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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 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

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

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My assessment

5. Mrs X says the wood burner at a neighbouring property is emitting excess smoke. She has reported this to the Council and is not satisfied how this has been handled.
6. Shortly after moving into the property in January 2025, Mrs X reported the smoke to the Council. She says she was not satisfied with the Council’s response but took no further action due to ill health. She reported the alleged nuisance smoke again in November as part of a complaint.
7. The Council responded to Mrs X’s complaint with details of the actions it would take in order to investigate the matter fully. This included issuing Mrs X with diary sheets for her to record when the smoke was excessive and officer visits, both arranged and unannounced. By the end of the complaints process, the evidence shows an officer had already visited Mrs X.
8. The response to Mrs X’s complaint is reasonable and proportionate and the Council is taking the actions we would expect in order to investigate the matter thoroughly. We will not investigate this complaint as there is not enough evidence the Council is at fault to justify the Ombudsman’s involvement.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman