Summary: We will not investigate Mx X’s complaint about the Council’s failure to investigate her complaint about odours. This is because we are unlikely to find sufficient evidence of fault to justify investigating.

The complaint

1. Mx X complains Council failed to properly consider her concerns about odours. She says she has a condition that makes her highly sensitive to smells.
2. Mx X says she has reported toxic odours from flooring in a local park during hot weather and fabric softener odours emanating from a neighbouring property. She says the odours cause her severe illness and significantly affect her daily life. Mx X says the Council treated her concerns as trivial and refused to investigate.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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.

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How I considered this complaint

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

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My assessment

6. The Council decided the odours Mx X complains about do not fall within its responsibilities.
7. Mx X disagrees with the Council’s position, but disagreement with a professional judgement does not, by itself, indicate fault.
8. Given the information available, an investigation is unlikely to find the Council acted with sufficient fault when deciding the odours did not represent an actionable nuisance.

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Final decision

9. We will not investigate Mx X’s complaint because we are unlikely to find sufficient evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman