Summary: We will not investigate this complaint about an extractor fan in an extension next to the complainant’s home. There is nothing to suggest fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council has not dealt with an extractor fan at his neighbours’ home. He says cooking smells severely affect his enjoyment of his house and garden.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the Mr B and the Council. I also considered our Assessment Code.

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My assessment

4. The Council has considered Mr B’s concerns about cooking smells from his neighbours’ kitchen being directed towards his property by an extractor fan. It has consistently and correctly advised Mr B that is has no powers under Planning legislation, Environmental Health legislation or the Building Regulations to take action to prevent this.

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Final decision

5. We will not investigate Mr B’s complaint because there is nothing to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman