The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s alleged failure to class noise Miss X complained about as a statutory nuisance. This is because we would be unlikely to find fault with the Council’s actions.
The complaint
Miss X complained the Council failed to class noise made at a nearby school a statutory nuisance. She said this matter has caused her stress and inconvenience.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council that noise and smoke coming from a nearby school was affecting her and should be deemed a statutory nuisance.
An officer from the Council visited the area and observed the school over several months. The officer noted occasional noise coming from the school but did not find evidence of a statutory nuisance. The officer spoke to the school and suggested changes it could make to resolve the situation.
Miss X remains unhappy and wants the Ombudsman to find the Council at fault for failing to class the noise and smoke she complained about a statutory nuisance. The Council conducted numerous visits and investigated Miss X’s complaint. The Council also spoke informally to the school and has not found evidence of a statutory nuisance. It is not the Ombudsman’s role to decide whether something constitutes a statutory nuisance, that is the Council’s role. There is no evidence of fault in the way the Council made its decision. The Ombudsman cannot question the merits of a decision which has been correctly made. The Ombudsman would therefore be unlikely to find fault with the Council’s actions.
Final decision
We will not investigate Miss X’s complaint because we would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman