Summary: Mrs X complains that the Council will not take building control enforcement action against her neighbour for works carried out to the property which affect her amenity. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mrs X complains that the Council will not take building control enforcement action against her neighbour for works carried out to the property which affect her amenity.

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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 or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I have considered the complainant's comments and the Council's comments and Mrs X has commented on the draft decision.

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What I found

5. Mrs X’s adjoining neighbour carried out improvement works to their house which Mrs X says has decreased the noise insulation to the party wall and she suffers cooking smells entering her property.
6. A Council officer visited and confirmed that a wall and chimney breast had been removed and a first floor residual stack supported in the roof space. Having considered the works the Council officer decided that the works were not a serious matter and, whilst a regularising building control application would be required, there were no grounds to take legal enforcement action against the neighbour.
7. Mrs X was advised that she could make a noise nuisance complaint to the Environmental Health department if she so wished.
8. I am satisfied that the Council properly investigated the complaint about the works carried out and therefore, its conclusion that no enforcement action was warranted is not a decision the Ombudsman can question.
9. Mrs X may have a right to take action privately against her neighbour if the party wall has been affected.
10. Mrs X also says there had been a breach of data protection by the Council. Any complaint about a data breach is a matter for the Information Commissioner.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman