Summary: We will not investigate this complaint that the Council has not helped the complainant regarding problems he has with his neighbour who has installed cavity wall insulation. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says his neighbour has installed cavity wall insulation (EWI) which has affected the appearance of Mr X’s home. Mr X complains the Council has not helped him because it says it is a civil matter.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the Council and the Council’s response. I considered information about party wall agreements. I invited Mr X to comment on a draft of this decision.

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What I found

Party wall agreement

4. A householder who lives in a terrace may need to make a party wall agreement with their neighbours before installing EWI. The agreement is between the property owners.

What happened

5. Mr X lives in a terrace property. He complained to the Council that his neighbour had installed EWI without notifying him. Mr X said the EWI had negatively affected the appearance of his house. Mr X said he thought the Council had given his neighbour a grant to do the work.
6. In response the Council said it is a civil matter and it suggested Mr X seek legal advice.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. Regardless of whether a council provides a grant, it is the responsibility of each property owner to meet the law in relation to their neighbours and party wall agreements. If Mr X thinks his neighbour has not complied with the law then he needs to take action against his neighbour. The Council does not intervene in neighbour disputes and was correct to signpost Mr X to an advice agency or a solicitor.

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Final decision

8. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman