The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of matters relating to a media event which took place outside Mr X’s home and caused him disturbance. This is because an investigation is unlikely to add to that already undertaken by the Council or lead to a different outcome.
The complaint
Mr X complains the Council approved a media event taking place outside his home which caused noise nuisance from the set up and derigging as well as the event itself. He says the Council has refused to address his complaint about the matter.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council, including its response to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about its handling of matters relating to its approval for a media event which took place right by his home and caused him disturbance.
The Council did delay in responding to him. It noted it had responded on the day of the event but apologised because it had not responded to the additional communications he had sent.
The Council explained that it had looked into his concerns with its Noise Pollution Team and the production company who put on the event and that some mitigations had been identified for any such future events. It also confirmed that in addition to the advance consultation for local residents provided by the management of his building, it would try to aim to inform him directly in advance of any future large events pending.
We do not investigate every complaint we receive and while Mr X may not be satisfied with the Council’s response to his complaint, there are insufficient grounds to warrant an investigation in this case.
Final decision
We will not investigate Mr X’s complaint because an investigation is unlikely to add to that already undertaken by the Council or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman