The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to move a key safe that has been installed outside his bedroom wall. This is because there is insufficient evidence of fault.
The complaint
Mr X complains the Council refused to move a key safe that has been installed outside his bedroom wall. He says the location of the key safe causes noise pollution as he can hear it being used every day.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X lives in a property which is split into three residences. Mr X’s landlord installed a key safe on the outside of his bedroom wall. This key safe is to enable carers to visit another tenant in the property.
Mr X says the carers use the key safe three times a day and that each time it is used, he can hear it. He says the noise is irritating and affecting his right to live in peace.
An investigation is not justified as we are not likely to find fault with the Council. It is Mr X’s landlord’s decision as to where to install the key safe, not the Council. Therefore, the Council has no responsibility or authority to tell the landlord where it should install the key safe.
Further, the Council has tried to liaise with Mr X’s landlord to get the key safe moved. However, Mr X’s landlord explained the key safe had to remain where it was as it could not place it anywhere else on the building. Therefore, the Council has taken all the action it can and advised Mr X of the situation. If Mr X remains unhappy, he needs to complain to his landlord.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman